Commonwealth v. Keiser

BLAKEY, J.,

Defendant has appealed his conviction of a summary offense under a township ordinance. He has challenged the ordinance as beyond the power of the township under the enabling legislation and also on constitutional grounds.

Preliminarily, we note that this action has been captioned improperly. The action should not have been brought in the name of the Commonwealth, but by Windsor Township as the prosecuting governmental agency. There is some authority to the effect that such an error renders the entire proceeding a nullity. However, since neither party has raised the objection, we…