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WALTER MOTOR VEHICLE OPERATOR LICENSE CASE. (04/13/61)

April 13, 1961

WALTER MOTOR VEHICLE OPERATOR LICENSE CASE.


Appeal, No. 85, Oct. T., 1961, from order of Court of Common Pleas of Union County, May T., 1960, No. 64, in case of Commonwealth of Pennsylvania v. Leon T. Walter. Order affirmed.

COUNSEL

Clair Groover, for appellant.

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

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

Author: Woodside

[ 195 Pa. Super. Page 67]

OPINION BY WOODSIDE, J.

This is an appeal from an order of the Court of Common Pleas of Union County sustaining an order of the Secretary of Revenue suspending the operator's license of Leon T. Walter for 9 months.

Walter, a truck driver residing in Union County, was involved in an accident in Luzerne County while operating a tractor-trailer. Five people were killed in the accident. Walter was indicted for manslaughter, and after a trial before the court without a jury, he was convicted and sentenced to pay a fine of $500 and serve a term of five to twelve months in jail, but was immediately "paroled on condition he complies".

Having received a certified copy of the record of Walter's conviction of manslaughter growing out of the operation of a motor vehicle, the Secretary of Revenue, after a hearing, suspended his operator's license for 9 months. Walter appealed to the Court of Common Pleas of Union County, and was granted a supersedeas.

At the hearing de novo before the court below, the Commonwealth introduced the certified copy of the licensee's conviction of manslaughter. It also called to the witness stand the appellant who admitted the conviction. The court found that the appellant was found guilty and sentenced on a charge of involuntary manslaughter growing out of an accident in which the

[ 195 Pa. Super. Page 68]

    appellant was involved as the operator of a tractor-trailer.

The Vehicle Code of April 29, 1959, P.L. 58, § 618(a), 75 P.S. § 618(a) provides, inter alia, as follows: "(a) The secretary may suspend the operating privilege of any person, with or without a hearing before the secretary or his representative, upon receiving a record of proceedings, if any, in which such person pleaded guilty, entered a plea of nolo contendere, or ...


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