Commonwealth v. Ludwig

OPINION

Chief Justice CAPPY.1

This appeal presents a constitutional challenge to a criminal statute, 18 Pa.C.S. § 2506, “Drug delivery resulting in death,” for vagueness, because the statute fails to sufficiently set forth the mental state required for criminal liability. Additionally, we are called upon to determine whether the trial court erred in granting Appellee Gregory Ludwig’s Petition for Writ of Habeas Corpus based upon the Commonwealth’s failure to establish a prima facie case under Section 2506. For the reasons that follow, we hold that Section 2506 is not unconstitutionally vague…