Commonwealth v. Greenich

I join the majority in affirming the judgment of sentence imposed on Greenich. I cannot, however, join the majority’s disposition of the sixth issue on appeal: whether the trial court erred in denying appellant Fetzner the opportunity to present his proffered testimony regarding scienter, inasmuch as, such disallowance rendered 18 Pa.C.S.A. § 5903 unconstitutional as applied? Our Crimes Code, 18 Pa.C.S. § 101 et seq., lists among its purposes the following two principles:(3) To safeguard offenders against excessive, disproportionate or arbitrary punishment.

*560(4) To give fair warning of the…