Commonwealth v. Cherney

Opinion by

Mr. Justice Eagen,

This is an appeal by the Commonwealth of Pennsylvania from an order of the Court of Common Pleas, Criminal Division, of Clarion County, quashing a summary conviction proceeding. The facts are as follows:

Charles Cherney was charged with violating Section 1002(b)(8) of The Vehicle Code [Act of April 29, 1959, P. L. 58, §1002, as amended, 75 P.S. 1002(b)(8) (hereinafter referred to as Code)] for operating a motor vehicle at a speed of 89 miles per hour in a zone where the lawful speed was 65 miles per hour. After a hearing before a magistrate, he was adjudged guilty…