KOCH, J., April 6, 1959.
The prosecutor, a member of the Pennsylvania State Police, swore to an information charging defendant, Terry MacDonald, with violating subsection (a) of The Vehicle Code of May 1, 1929, P. L. 905, art. VIII, sec. 819, as amended by the Act of March 15, 1956, P. L. (1955) 1273, sec. 1, 75 PS §406, which is as follows:
"(a) No person shall operate a motor vehicle, except fire department and fire patrol apparatus, on a highway...
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