Commonwealth v. Falgiatore

Opinion by

Reno, J.,

Appellant, Thomas Falgiatore, was indicted for a misdemeanor under the Solid Fuels Act of July 19, 1935, P. L. 1356, as amended, 76 PS §342 et seq. He waived a jury trial; the trial judge found him guilty; and sentenced him to pay a fine of $300.

The Act, §8, as amended, 76 PS §349, provides for summary proceedings for the first, second and third offenses, and defines fourth and subsequent offenses as misdemeanors. To sustain a conviction for a misdemeanor there must be proof of three prior violations and convictions. Cf. Com. v. Calio, 155 Pa. Superior Ct. 355, 38 A. 2d…