Commonwealth v. Grittner

Greevy,

Elmer E. Grittner was charged with a speeding violation before Justice of the Peace Steve S. Sorage. The sole question before us is whether the prosecution was instituted before “the nearest available magistrate.”

*72Section 1201(a) of The Vehicle Code of April 29, 1959, P. L. 58, as amended, provides, inter alia (75 PS §1201(a)):

“Informations, charging violations . . . shall bé brought before the nearest available magistrate within the . . . township in the county where the alleged violation occurred. . ., where there is no substantial difference between the respective distances from the…