Commonwealth v. Scatena

OPINION OF THE COURT

LARSEN,* Justice.

The Commonwealth appeals from the decision of the Superior Court, 332 Pa.Super. 415, 481 A.2d 855 (1984), which reversed the judgments of sentence and vacated appellees’ convictions of risking a catastrophe in violation of 18 Pa.C.S.A. § 3302(b).

Following a two-week jury trial in the Court of Common Pleas of Luzerne County, appellees, Elmo Scatena, Gerard Scatena and Louis Scatena1 were convicted of violating the Pennsylvania Clean Stream Law, 35 P.S. § 691.301, § 691.-307 and 25 Pa.Code § 97.72; of causing a public nuisance, 18 Pa.C.S.A. § 6504; and of…