Criminal

Commonwealth v. Mochan
CHAPTER 3: The Elements of Just Punishment; p. 150-151
B. Legality
NAME:

Commonwealth v. Mochan, 177 Pa. Super. 454, 110 A.2d 788 (1955), Superior
Court of PA

FACTS:

o
o

-appellant (Mochan) charged with harassment, oppression of Zivkovich

Made numerous phone calls to house of 4-party phone line, indecent
language

PROCEDURE:

o
o

convicted before judge w/o jury

Appeal that conduct in indictments are not criminal offense under PA
statutes, penal code, or misdemeanor at common law

ISSUE:

Substantive Issue(s)
1. Can alleged crimes be prosecuted and offenders punished under common
law?

HOLDING:

Yes.

REASONING:

Rule: (Commonwealth v. Miller) common law punish any act which directly
injures or tends to injure the public to such an extent as to require the state to
punish the wrongdoer, as in the case of acts which injuriously affect public
morality. Pervert public justice administration of government
o (PA v. DeGrange) whatever openly outrages decency and is injurious to
public morals is a misdemeanor at common law indictable if scandalously
affects morals/health of community
o
o

(Smith v. Commonwealth) persuade married woman to commit adultery not

indictable
lewd, immoral, filthy language = acts that affect public morality

DISPOSITION:

Judgment and sentences affirmed.

DISSENT (or)
CONCURRING:

Dissent:
o Declaring a crime an act that was never known to be a crime in the
Commonwealth
o Up to legislature to determine what injure or tends to injure the public,
unwarranted invasion of the legislative field; court needs to exercise on self
restraint on this invasion

NOTES: