COMMONWEALTH v. ZAJACZ

No. 133.

54 Pa. D. & C. 2d 146 (1971)

Commonwealth v. Zajacz

Common Pleas Court of Carbon County, Pennsylvania.

December 30, 1971.


Attorney(s) appearing for the Case

John Deutsch, for Commonwealth.

John M. Yarema, for defendant.


HEIMBACH, P. J., December 30, 1971.

We have before us on certiorari the transcript for which the writ was issued. The transcript shows that on May 13, 1971, defendant was charged in a citation with violating section 1008(e) of The Vehicle Code, 75 PS 1008 (e); that a hearing was held on June 16, 1971, when the charge was amended to show a violation of section 1008(b).

Obviously, there is a fatal jurisdictional defect. Rule 104 (6) of The Pennsylvania Rules...

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