Dieter License

Frack, J.,

— On August 19, 1950, the Secretary of Revenue suspended for a period of six months the operating privilege of Arling F. Dieter for the reason that the latter had been convicted of a misdemeanor “in the commission of which a motor vehicle was used”. Appeal was taken to this court as provided by the statute. A date for hearing was fixed for October 23, 1950, when testimony was taken de novo. Subsequently legal argument was had.

The Act of May 1, 1929, P. L. 905, as amended by the Act of June 27, 1939, P. L. 1135, 75 PS §193, imposes on the court of common pleas the duty to hear an…