Commonwealth v. Smith

KELLER, J.,

A criminal complaint charging defendant with violation of section 1200.1 of the Fulton County Subdivision and Land Development Ordinance of 1973, a misdemeanor, was filed on March 3, 1980 charging defendant committed certain acts on or about February 1, 1980: “to wit: He did excavate and remove topsoil and erect a building in a subdivision lot without first obtaining approval of the Fulton County Planning Commission.” On June 11, 1980 trial without jury was commenced. At the conclusion of the Commonwealth’s case defendant demurred to the evidence. By agreement of counsel the…