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COMMONWEALTH PENNSYLVANIA v. MARTIN LEE MICHAEL (06/18/82)

filed: June 18, 1982.

COMMONWEALTH OF PENNSYLVANIA
v.
MARTIN LEE MICHAEL, APPELLANT



NO. 732 PHILADELPHIA, 1981, Appeal from the Order of the Court of Common Pleas of Cumberland County, Criminal Division, at No. 828 of 1980.

COUNSEL

Gibson Smith, York, for appellant.

Theodore B. Smith, III, Assistant District Attorney, Carlisle, for Commonwealth, appellee.

Beck, Watkins and Hoffman, JJ.

Author: Beck

[ 301 Pa. Super. Page 93]

Appellant was charged with violation of the Vehicle Code, as amended, 75 Pa.C.S.A. § 101 et seq., when a Police Officer observed him driving a heavily laden dump-truck

[ 301 Pa. Super. Page 94]

    which bore a registration sticker appropriate for a small pick-up truck. The Officer, trained in the State Police Course in weights and measures, directed appellant to proceed to a nearby weighing station of a feed plant and to drive the truck onto the scale. An employee of the plant activated the automatic scale equipment which produced both a digital read out and a ticket stamped with the weight. The results indicated the truck weighed 25,640 pounds, 14,460 more than the 11,000 pounds for which it was registered.

Appellant was issued two citations for, and subsequently convicted of, violation of the Vehicle Code, Section 4942(a), [overweight], 75 Pa.C.S.A. § 4942(a), and Section 1304(e) [improper inspection], 75 Pa.C.S.A. § 1304(e). These citations bore the address and number of the magisterial district in which they would be filed, but did not contain the name of the district magistrate. At the time of the incident, the elected district magistrate was under suspension and another district magistrate had been assigned temporarily.

Appellant contends that the citations were fatally defective on the ground that they did not contain the name of the district magistrate.

In support of this contention appellant cites, Pa.R.Crim.P. 53(a) "provides for the form of the citation (under notice):

The Original copy of this citation will be filed before the issuing authority whose name and address is listed above."

However, Pa.R.Crim.P. 52 A.2. provides with respect to citations: "The copy delivered to the Defendant shall contain notice . . . that the original copy of the citation will be filed before the issuing authority of the magisterial district named in the citation, whose address shall be contained in the citation . . ." Rule 52 A.2. does not require that the specific name of the district justice ...


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