Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

COMMONWEALTH PENNSYLVANIA v. GERARD SENSI (05/29/81)

filed: May 29, 1981.

COMMONWEALTH OF PENNSYLVANIA
v.
GERARD SENSI, APPELLANT



No. 35 Philadelphia, 1980, Appeal from the Judgment of Sentence of the Court of Common Pleas of Lackawanna County, Criminal Division, No. 357, 1979.

COUNSEL

W. Boyd Hughes, Scranton, for appellant.

Ernest D. Preate, Jr., District Attorney, submitted a brief on behalf of Commonwealth, appellee.

Price, Wickersham and Lipez, JJ.

Author: Per Curiam

[ 287 Pa. Super. Page 453]

In a proceeding before a magistrate, appellant was convicted of violating sections 606.1, 607.1, 614.41 and 614.2 of the BOCA Code of the City of Scranton, and section 319.02 of the Codified Ordinances of the City of Scranton. On de novo appeal to common pleas court, appellant was again found guilty of violating these ordinances, and fined $200. In this appeal from that judgment of sentence, appellant raises the following issues:

I. Did the lower court err by finding Appellant guilty of a criminal summary offense when the state enabling statute authorizes the municipality to impose only a fine for such violation?

II. Did the lower court err by finding Appellant guilty of a summary offense where the city ordinance provides for the imposition of a fine only?

III. Did the Commonwealth prove beyond a reasonable doubt that the Appellant had violated ordinances of the City of Scranton with criminal intent?

[ 287 Pa. Super. Page 454]

Section 762 of the Judicial Code provides in pertinent part:

(a) General Rule. -- Except as provided in subsection (b), the Commonwealth Court shall have exclusive jurisdiction of appeals from final orders of the courts of ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.