# Commonwealth v. Wadzinski

> Superior Court of Pennsylvania · March 29, 1976 · 239 Pa. Super. 76

URL: https://www.frixlaw.com/law-library/cases/6294243

## Case

- **Full name:** Commonwealth v. Wadzinski
- **Court:** Superior Court of Pennsylvania
- **Decided:** March 29, 1976
- **Citations:** 239 Pa. Super. 76; 361 A.2d 790; 1976 Pa. Super. LEXIS 1971
- **Precedential status:** Published
- **Opinion:** Dissent by Jacobs
- **Judges:** Cercone, Hoffman, Jacobs, Price, Spaeth, Voort, Watkins
- **Cited by:** 8 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6294243

## Opinion text

Dissenting Opinion by
Jacobs, J.:
I respectfully dissent.
The appellant challenged the Act of June 3, 1937, P.L. 1333; art. XVI, §1614(a), added. December 28, 1972, P.L. 1658, No. 353, §l(a), 25 P.S. §3234(a) (Supp. 1975-76) as “unconstitutional on its face and in fact as it contravenes the First Amendment to the Constitution of the United States.” Printed- Record at 21a. (Emphasis added). In Commonwealth v. Cook, 226 Pa. Superior Ct. 273 , 308 A.2d 151 (1973), we stated: “The latter device [certiorari], in reviewing the regularity of the record, can *83 only properly entertain questions of law, to the exclusion of issues related to the - sufficiency, admissibility, competency or relevancy of evidence presented to the justice of the peace.” Id. at 276 , 308 A.2d at 153 (citations omitted) (emphasis added).
The majority has concluded that “[t]he Writ of Certiorari does not bring into issue the constitutionality of a statute or an ordinance.” Opinion at 81. I believe that the constitutionality of a statute is a “question of law,” Commonwealth v. Cook, supra, which is reviewable on certiorari, and that the constitutionality of the statute in issue should be considered by this Court on this appeal.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6294243. Public record. Not legal advice.