(DOWNLOAD) "Commonwealth v. Butler" by Supreme Court of Pennsylvania # eBook PDF Kindle ePub Free
eBook details
- Title: Commonwealth v. Butler
- Author : Supreme Court of Pennsylvania
- Release Date : January 16, 1974
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
This case presents a significant question of the facial constitutionality of the legislative response to our decision in Commonwealth v. Daniel, 430 Pa. 642, 243 A.2d 400 (1968). We agree with appellant that the Commonwealths sentencing statutes -- the Act of 1911 and the so-called new Muncy Act -- by their joint operation are constitutionally impermissible. We disagree, however, that the Act of 1911 must be struck down. Instead, we hold unconstitutional that portion of the new Muncy Act directing that no minimum sentence be imposed on women convicted of crime. Because the constitutionally-offensive part of the statutory scheme has been declared invalid, we affirm appellants judgment of sentence.
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