COMMONWEALTH v. FALGIATORE


165 Pa.Super. 235 (1949)

Commonwealth v. Falgiatore, Appellant.

Superior Court of Pennsylvania.

July 15, 1949.


Attorney(s) appearing for the Case

Thomas I. Guerin, with him Isadore Penn, for appellant.

William T. Connor, with him Charles S. Solit, John H. Maurer, District Attorney, and Raymond V. John, Assistant District Attorney, for appellee.

Before RHODES, P.J., HIRT, RENO, DITHRICH, ARNOLD and FINE, JJ. (ROSS, J., absent).


OPINION BY RENO, J., July 15, 1949:

Appellant, Thomas Falgiatore, was indicted for a misdemeanor under the Solid Fuels Act of July 19, 1935, P.L. 1356, as amended, 76 PS § 342 et seq. He waived a jury trial; the trial judge found him guilty; and sentenced him to pay a fine of $300.

The Act, § 8, as amended, 76 PS § 349, provides for summary proceedings for the first, second and third offenses, and defines fourth and subsequent offenses as misdemeanors...

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