Commonwealth v. Ernst

Biester, P. J.,

This matter is before us upon an appeal, erroneously taken to the court of quarter sessions, from the summary conviction of defendant by a' justice of the peace for the. offense of hawking and peddling without a permit. The case presents a number of procedural irregularities which, had they been properly presented to the court upon certiorari, would have been fatal and warranted the dismissal of the proceedings.

The complaint charges that defendant, Frank Ernst, of 2333 South Street, Allentown, Pa., “did unlawfully, as a hawker, and peddle merchandise namely — Electrolux…