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COMMONWEALTH v. ANTOLICH ET AL. (12/14/60)

December 14, 1960

COMMONWEALTH
v.
ANTOLICH ET AL., APPELLANTS.



Appeals, Nos. 172 and 173, April T., 1960, from orders of County Court of Allegheny County, Nos. C 340 and C 506 of 1960, in cases of Commonwealth of Pennsylvania v. William Antolich, and Same v. Gilbert Whitmer. Orders affirmed; reargument refused January 12, 1961.

COUNSEL

Walter W. Riehl, with him James A. Wright for appellants.

Elmer T. Bolla, Deputy Attorney General, with him Anne X. Alpern, Attorney General, for Commonwealth, appellee.

Before Rhodes, P.j., Gunther, Wright, Woodside, Ervin, Watkins, and Montgomery, JJ.

Author: Ervin

[ 194 Pa. Super. Page 301]

OPINION BY ERVIN, J.

These are two separate appeals, taken by William Antolich and Gilbert Whitmer, from orders of the County Court of Allegheny County, dismissing the appeals*fn1 taken from the decision of the Secretary of Revenue suspending their operators' licenses for a period of one year on the charge of racing on the highway.

The suspensions were directed under the provisions of § 1001 of the Act of May 1, 1929, P.L. 905, and its amendments, 75 PS § 481, which provides: "Reckless driving is unlawful, and, for the purpose of this act, is construed to include the following: ... (c) Any person who shall participate in any physical endurance test, or any race or speed contest, with a motor vehicle on any highway."

The present appeals come to this Court under the 1956 amendment (Act of May 29, 1956, P.L. 1850, § 1) to § 616 of The Vehicle Code, of May 1, 1929, P.L.

[ 194 Pa. Super. Page 302905]

.*fn2 This section, as amended, provides: "Any person, whose operator's license or learner's permit has been suspended, or who has been deprived of the privilege of applying for an operator's license or learner's permit under the provisions of this act, shall have the right to file a petition, within thirty (30) days thereafter, for a hearing in the matter in the court of common pleas of the county in which the operator or permittee resides, other than Allegheny County, and in Allegheny County, in the County Court of Allegheny County. Such courts are hereby vested with jurisdiction, and it shall be their duty, to set the matter down for hearing upon thirty (30) days' written notice to the secretary, and thereupon to take testimony and examine into the facts of the case, and to determine whether the petitioner is subject to suspension of operator's license or learner's permit, or whether he may be deprived of the privilege of applying for an operator's license or learner's permit by the secretary under the provisions of this act. The jurisdiction of the County Court of Allegheny County conferred hereby shall be exclusive within the territorial limits of its jurisdiction.

"Any party aggrieved by a decision of a court of common pleas or of the County Court of Allegheny County shall have a right of appeal to the Superior Court: Provided, however, That nothing contained herein shall affect the disposition of any matter pending before the Supreme Court at the time ...


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