December 17, 1958
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.
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.
Before Rhodes, P.j., Hirt, Gunther, Wright, Ervin, and Watkins, JJ. (woodside, J., absent).
[ 188 Pa. Super. Page 402]
OPINION BY ERVIN, J.
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. Superior Ct. 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.
ING OPINION BY WATKINS, J.:
For the reasons expressed in my dissent in Commonwealth v. Weik, 188 Pa. Superior Ct. 391, 147 A.2d 164, I dissent from the majority opinion.
GUNTHER, J., joins in this dissent.
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