COM. v. JOHNSON


270 Pa.Super. 57 (1979)

410 A.2d 894

COMMONWEALTH of Pennsylvania, Appellant, v. Ellis B. JOHNSON.

Superior Court of Pennsylvania.

Filed September 21, 1979.


Attorney(s) appearing for the Case

Robert F. Pappano, Chester, for Commonwealth of Pennsylvania, Township of Tinicum, appellant.

Anthony J. McNulty, Media, for appellee.

Arthur R. Littleton, Philadelphia, filed a amicus curiae brief on behalf of The Pennsylvania Motor Truck Assn.

Before PRICE, SPAETH and LIPEZ, JJ.


PER CURIAM:

Appellee was convicted, before a District Justice, of a summary violation of section 4942(a) of the Pennsylvania Vehicle Code.1 The Court of Common Pleas sustained appellee's summary appeal and found him not guilty. Judgment was entered accordingly, and the Commonwealth appeals.

"[A]n entry of judgment of not guilty by the court of [common pleas] on an appeal from...

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