Commonwealth v. Cutchall

Bailey, P. J.,

These defendants • were tried and convicted for the violation of section two of the Act of April 26, 1929, P. L. 829. Before the jury was sworn, the defendants moved to quash the indictment upon the ground that it charged no crime under the laws of the Commonwealth, since the act above referred to is unconstitutional. After conviction, they moved in arrest of judgment assigning the same reason, and that is the question now before us. If the statute involved is unconstitutional, then this motion must be sustained; if not, judgment of sentence should be passed.

It is contended that…