Commonwealth v. Mobley

Hargest, P. J.,

— This matter comes before us upon exceptions to the taxation of costs.

Defendant was convicted in two summary proceedings before an alderman of the City of Harrisburg for violation of sections 3 and 5- of the Act of July 19, 1935, P. L. 1356, 76 PS §§344, 346, relating to the sale and delivery of solid fuel. Upon appeal he was adjudged not guilty but the costs were imposed upon him.

These exceptions raise the right of the court, in a summary proceeding, upon acquitting defendant to impose the costs upon him.

It is the settled law, as stated by Chief Justice Thompson in Huntingdon…