Occhibone Appeal

LYON, J.,

Before the court for determination is the appeal of Lawrence Occhibone from the action of the Council of the City of New Castle dismissing him from the city police department. Pursuant to the stipulation of counsel, the hearing on appeal was divided into two parts: (1) Procedural questions, and (2) whether under the evidence the action of council was appropriate. This opinion deals only with the procedural questions raised in the first part of the appeal.

Appellant was a patrolman of the City of New Castle and in this capacity investigated on December 20, 1970, an automobile accident…