Commonwealth ex rel. Specter v. Bauer

Opinion by

Mr. Justice Roberts,

On July 30, 1969, the District Attorney of Philadelphia was served with a complaint in the case of Marvin Burak v. Commonwealth of Pennsylvania; City of Philadelphia; Frank Rizzo, Police Commissioner; and Arlen Specter, District Attorney. That suit was commenced in United States District Court for the Eastern District of Pennsylvania, the plaintiff requesting that certain penal statutes of the Commonwealth, under which he was to he prosecuted in Philadelphia, be declared unconstitutional. On July 31, at a hearing in federal court to determine whether a…