Commonwealth v. Stubenazy

Fulliam, J.,

Defendant, Karl E. Stubenazy, has appealed from his summary conviction of having violated section 903 {d) of The Vehicle Code, of April 29, 1959, P. L. 58, 75 PS §903 (cZ), the charge being that he operated an overweight tractor-trailer vehicle upon a public highway in the Borough,of Morrisville, this county. The sole issue presented is whether the prosecution was instituted before the nearest available magistrate in compliance with section 1201(a) of The Vehicle Code of April 29, 1959.

Defendant was apprehended at the intersection of Green Street and Pennsylvania Avenue. He was…