Legal Opinion
Commonwealth v. Heinbaugh
Supreme Court of Pennsylvania
Decided March 22, 1976No. 50PublishedCited by 148 opinions
1Opinion of the Court
OPINION OF THE COURT
POMEROY, Justice.
We are required on this appeal to determine whether or not the Pennsylvania open lewdness statute is unconstitutionally vague. This statute, now a part of the Crimes Code of 1972,1 provides:
“A person commits a misdemeanor of the third degree if he does any lewd act which he knows is likely *4to be observed by others who would be affronted or alarmed.” 18 Pa.C.S.A. § 5901.
The appellee was indicted on one count charging violation of this act by masturbating in a public place in plain view of members of the public.2 The trial court granted a motion to quash the…
2Cases cited19 opinions
- Connally v. General Construction Co.Supreme Court of the United States · 1926
- Smith v. GoguenSupreme Court of the United States · 1974
- Winters v. New YorkSupreme Court of the United States · 1948
- Coates v. City of CincinnatiSupreme Court of the United States · 1971
- Gooding v. WilsonSupreme Court of the United States · 1972
14 more not listed; retrieve them via the Exa API.
3Cited by148 opinions
- Commonwealth v. BarudSupreme Court of Pennsylvania · 1996
- Commonwealth v. MikulanSupreme Court of Pennsylvania · 1983
- Commonwealth v. BeshoreSuperior Court of Pennsylvania · 2007
- Commonwealth v. MastrangeloSupreme Court of Pennsylvania · 1980
- Commonwealth v. BullockSupreme Court of Pennsylvania · 2006
143 more not listed; retrieve them via the Exa API.