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COMMONWEALTH v. MUTH

188 Pa.Super. 401 (1958)

Commonwealth v. Muth, Appellant.

Superior Court of Pennsylvania.

December 17, 1958.

Attorney(s) appearing for the Case

John W. Beyer, with him Arnold, Bricker, Beyer & Barnes, for appellant.

Richard M. Martin, Assistant District Attorney, with him William C. Storb, District Attorney, for appellee.

Before RHODES, P.J., HIRT, GUNTHER, WRIGHT, ERVIN, and WATKINS, JJ. (WOODSIDE, J., absent).

OPINION BY ERVIN, J., December 17, 1958:

In this case it was stipulated by counsel that the testimony would be the same as in the case of Commonwealth v. Weik, 188 Pa.Super. 391, 147 A.2d 164, "except as to weights." In the present case the evidence showed that the overweight was 5,010 pounds.

The decision in this case is controlled by the opinion filed herewith in Commonwealth v. Weik, supra.

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