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COM. v. KERN

294 Pa.Super. 151 (1982)

439 A.2d 795

COMMONWEALTH of Pennsylvania, v. Richard Allen KERN, Appellant.

Superior Court of Pennsylvania.

Filed January 8, 1982.

Attorney(s) appearing for the Case

Richard J. Orloski, Allentown, for appellant.

Michael E. Moyer, Assistant District Attorney, Allentown, for Commonwealth, appellee.

Before HESTER, CAVANAUGH and VAN der VOORT, JJ.

HESTER, Judge:

The appellant was convicted of numerous summary offenses before a District Magistrate. He filed a timely appeal to the Court of Common Pleas of Lehigh County. The appellant also filed a Motion to Dismiss the prosecution, alleging that the action had not been properly instituted pursuant to Pennsylvania Rule of Criminal Procedure 51, 42 Pa.C.S.A., in that the district magistrate had issued a citation

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