Commonwealth v. Moller

Citations

• 50 Pa. Super. 366
• 1912 Pa. Super. LEXIS 58

Syllabus

<p>Automobiles — Violation of speed law — Summary conviction — Justice of the peace — Act of April 27,1909, P. L. 265.</p> <p>1. A summary conviction, before a justice of the peace of a violation of the Motor Vehicle Act of April 27, 1909, P. L. 265, will not be sustained where the information charges that the defendant at a borough named “had unlawfully operated and run a motor vehicle recklessly, and at a greater rate of speed than one mile in five minutes,” and the record of the justice merely states that the defendant was “convicted of violating the act of assembly regulating the running and the speed of motor vehicles on the streets of the borough.”</p> <p>2. In such a case the information and the record of the justice are wholly insufficient because they do not show in what way the defendant acted recklessly, nor that the rate of speed was in excess of twenty-four miles an hour, nor that the borough had put up any danger sign limiting the speed to twelve miles an hour, nor that the street upon which the defendant drove was in a dangerous or congested condition.</p>