(Download) "Commonwealth v. Ludwig" by In the Supreme Court of Pennsylvania Western District " Book PDF Kindle ePub Free
eBook details
- Title: Commonwealth v. Ludwig
- Author : In the Supreme Court of Pennsylvania Western District
- Release Date : January 19, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
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 Ludwigs Petition for Writ of Habeas Corpus based upon the Commonwealths failure to establish a prima facie case under Section 2506. For the reasons that follow, we hold that Section 2506 is not unconstitutionally vague and that the applicable mental state for a conviction under the statute is malice. We further conclude, however, that the Commonwealth has failed to establish a prima facie case of malice under Section 2506.