Commonwealth v. B. Abrams & Sons, Inc.

DOWLING, J.,

Defendant seeks an order directing the clerk of courts to enter judgment of non pros, because of the failure of the district justice to file his transcript within 20 days after receiving defendant’s notice of appeal.

A hearing before the district justice was held October 9, 1970, at which time defendant was convicted of violating the Air Pollution Control Act1 by causing or permitting the open burning of refuse at its scrap yard.

An appeal was taken and notice given to the district justice on October 14, 1970. On October 15, 1970, defendant filed a motion to quash the complaint…