COMMONWEALTH v. SHERO

Appeal, No. 1071 C.D. 1971.

5 Pa.Commw. 473 (1972)

Commonwealth v. Shero.

Commonwealth Court of Pennsylvania.

May 26, 1972.


Attorney(s) appearing for the Case

Stuart A. Liner, Assistant Attorney General, with him Anthony J. Maiorana, Assistant Attorney General, Robert W. Cunliffe, Deputy Attorney General, and J. Shane Creamer, Attorney General, for appellant.

Harry A. Englehart, Jr., with him Englehart, Creany, Englehart & Leahey, for appellee.

Argued May 5, 1972, before Judges CRUMLISH, JR., MENCER and BLATT, sitting as a panel of three.


OPINION BY JUDGE MENCER, May 26, 1972:

The Commonwealth has appealed from an order of the Court of Common Pleas of Cambria County which reversed the action of the Secretary of Transportation in suspending the operator's license of one Francis Shero (appellee) for ninety (90) days.

In Virnelson Motor Vehicle Operator License Case, 212 Pa.Super. 359, 368, 243 A.2d 464 (1968), it was held that "[a]t the hearing...

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