COMMONWEALTH V. MOCHAN
110 A.2d 788 (1955)
NATURE OF THE CASE: This was an appeal from a misdemeanor conviction for phone harassment
and vile comments or lewd and obscene conduct that was not codified in a criminal statute
but was a misdemeanor at common law.
FACTS: Mochan (D) called Louise Zivkovich on the phone and from reading between the lines
from the facts apparently called her every name in the book, and suggested every act in the
book as well. D was making obscene phone calls to Louise a married woman. D was indicted for
intending to debauch, corrupt, embarrass, and vilify Louise, a married woman with an
outstanding character in the community. D was a stranger to Louise. D called Louise several
times during each week and made lewd, immoral, and obscene remarks to her which included
suggestions of intercourse and sodomy. D was tried before the judge and found guilty D
appealed on grounds that the conduct charged in the indictment, was not a criminal offense
in the State by statute nor did it constitute a misdemeanor at common law.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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