Commonwealth v. Hatfield

MONTEMURO, Judge:

Appellant was convicted of meeting or overtaking a school bus 1 in a summary proceeding before a district justice. He contends that the summary proceeding was improperly commenced and that consequently he is entitled to discharge. We agree.

On October 27, 1980, a citation averring a violation of Section 3345(a) of the Motor Vehicle Code was filed by Trooper James E. McFadden of the Pennsylvania State Police with District Justice Marjorie Teagarden in Washington, Pennsylvania. The violation allegedly occurred on October 24,1980. Trooper McFadden was not present when this…