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193 Pa. Super. 599

Commonwealth v. Moyer

Superior Court of Pennsylvania

Decided November 16, 1960

Superior Court of Pennsylvania · decided 1960-11-16

Cited by 2 later decisions — most recently June 1961

2 state decisions

Relies on Commonwealth v. Halteman · 193 Pa. Super. 46 - Commonwealth v. Gross

Good law ✅— No negative treatment on recordhow we know

Decided 1960-11-16

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¶1Opinion by

Woodside, J.,

¶2The Secretary of Revenue received notice from the officials of New Jersey that Frank Moyer, who was licensed to operate a motor vehicle in Pennsylvania, had been convicted of making an improper pass in face of oncoming traffic. As Moyer had a record of eight other violations since November, 1952, the secretary imposed a suspension of 60 days.

¶3Moyer appealed to the Court of Common Pleas of Schuylkill County which reversed the order of the secretary on the ground that the Commonwealth had failed to establish the conviction in the manner prescribed by the Act of March 29, 1860, P. L. 342, §1, 28 P.S. §92. When the court heard the case, and when it wrote its opinion, it did not have the benefit of our opinions in Commonwealth v. Halteman, 192 Pa. Superior Ct. 379, 162 A. 2d 251 (1960); and Commonwealth v. Gross, 193 Pa. Superior Ct. 46, 163 A. 2d 682 (1960).

¶4As this case has no facts to distinguish it from the Haltemanand the Grosscases, it is controlled by them.

¶5The order of the court is reversed, and the order of the Secretary is reinstated.

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