Opinion
November 10, 1958.
December 17, 1958.
Criminal law — Motor vehicles — Operating commercial vehicle with excessive weight — State highway detour — Portion of highway open to local traffic — Justices of the peace — Jurisdiction — Place of offense or place of arrest — Evidence of overweight — The Vehicle Code.
Commonwealth v. Weik, 188 Pa. Super. 391, followed.
Before RHODES, P.J., HIRT, GUNTHER, WRIGHT, ERVIN, and WATKINS, JJ. (WOODSIDE, J., absent).
Appeal, No. 42, Oct. T., 1959, from judgment of Court of Quarter Sessions of the Peace of Lancaster County, Sept. T., 1957, No. 29, in case of Commonwealth of Pennsylvania v. Guy S. Muth. Judgment affirmed.
Appeal by defendant from summary conviction before justice of the peace. Before JOHNSTONE, JR., J.
Verdict of guilty and judgment of sentence entered thereon. Defendant appealed.
John W. Beyer, with him Arnold, Bricker, Beyer Barnes, for appellant.
Richard M. Martin, Assistant District Attorney, with him William C. Storb, District Attorney, for appellee.
WATKINS, J., filed a dissenting opinion, in which GUNTHER, J., joined.
Argued November 10, 1958.
In this case it was stipulated by counsel that the testimony would be the same as in the case of Commonwealth v. Weik, 188 Pa. Super. 391, 147 A.2d 164, "except as to weights." In the present case the evidence showed that the overweight was 5,010 pounds.
The decision in this case is controlled by the opinion filed herewith in Commonwealth v. Weik, supra.
The judgment of sentence is affirmed.
For the reasons expressed in my dissent in Commonwealth v. Weik, 188 Pa. Super. 391, 147 A.2d 164, I dissent from the majority opinion.
GUNTHER, J., joins in this dissent.