COMMONWEALTH v. CHERNEY


454 Pa. 285 (1973)

Commonwealth, Appellant, v. Cherney.

Supreme Court of Pennsylvania.

November 26, 1973.


Attorney(s) appearing for the Case

J.L. Heaton, Stuart A. Liner, Reynold J. Kosek, and Anthony J. Maiorana, Assistant Attorneys General, and Israel Packel, Attorney General, for Commonwealth, appellant.

Henry Ray Pope, III, District Attorney, for Clarion County, appellant.

No brief submitted for appellee.

Before JONES, C.J., EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.


OPINION BY MR. JUSTICE EAGEN, November 26, 1973:

This is an appeal by the Commonwealth of Pennsylvania from an order of the Court of Common Pleas, Criminal Division, of Clarion County, quashing a summary conviction proceeding.1 The facts are as follows:

Charles Cherney was charged with violating Section 1002(b) (8) of The Vehicle Code [Act of April 29, 1959, P.L. 58, § 1002, as amended...

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