Commonwealth v. Pollinger

Knight, P. J.,

Defendant was convicted before a justice of the peace of violating section 622 of The Vehicle Code of May 1,1929, P. L. 905, and fined $25 and costs of $4.45. Defendant petitioned for allowance to appeal, and a rule was granted upon the Commonwealth to show cause why an appeal should not be allowed. This rule was made absolute, and the case was heard before the writer.

The facts are not in dispute. At 3 a.m. on April 19, 1942, defendant and one Joseph Hasko were arrested by the Norristown police in the Borough of Norris-*690town. The men were riding in the automobile of defendant,…