Commonwealth v. Zajacz

Carbon County Court of Common Pleas

Commonwealth v. Zajacz

54 Pa. D. & C.2d 146, 1971 Pa. Dist. & Cnty. Dec. LEXIS 88

CourtPennsylvania Court of Common Pleas, Carbon County

DecidedDecember 30, 1971

Docketno. 133

StatusPublished

This text of 54 Pa. D. & C.2d 146 (Commonwealth v. Zajacz) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Carbon County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commonwealth v. Zajacz, 54 Pa. D. & C.2d 146, 1971 Pa. Dist. & Cnty. Dec. LEXIS 88 (Pa. Super. Ct. 1971).

Pincite

Opinion

HEIMBACH, P. J.,

We have before us on certiorari the transcript for which the writ was issued. The transcript shows that on May 13, 1971, defendant was charged in a citation with violating section 1008(e) of The Vehicle Code, 75 PS 1008 (e); that a hearing was held on June 16, 1971, when the charge was amended to show a violation of section 1008(b).

Obviously, there is a fatal jurisdictional defect. Rule 104 (6) of The Pennsylvania Rules of Criminal Procedure requires that in a summary case a citation of the specific section and subsection of the statute allegedly violated must be set forth, and rule 115 requires that where a substantive defect in the citation appears, defendant shall be discharged. This latter rule precludes any amendment.

Wherefore, we enter the following

ORDER

Now, to wit, December 30, 1971, the charge of violating section 1008(b) of The Vehicle Code by defendant is dismissed. The justice of the peace shall refund all sums paid by defendant.

Costs on the County of Carbon.

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