McSwain v. Commonwealth

Opinion by Judge Colins,

Matthew McSwain (appellant) was convicted of violating an ordinance 1 of the City of Farrell, relating to certification of rental dwellings. He was sentenced by the district justice to pay a One Hundred Dollar ($100.00) fine and court costs. On July 30, 1984, he appealed his conviction to the Court of Common Pleas of Mercer County, which affirmed his conviction and reimposed the fine. Although appellant does not contest the municipality’s factual averments, he argues that the ordinance is unconstitutional as an illegal exercise of the Commonwealths police power and,…