Superior Court of Pennsylvania, 1958

Commonwealth v. Muth

Commonwealth v. Muth
Superior Court of Pennsylvania · Decided December 17, 1958 · Ervin, Gunther, Hirt, Rhodes, Watkins, Woodside, Wright
188 Pa. Super. 401; 147 A.2d 169; 1958 Pa. Super. LEXIS 616

Commonwealth v. Muth

Dissenting Opinion

Dissenting Opinion by

Watkins, J.:

For the reasons expressed in my dissent in Commonwealth v. Weik, 188 Pa. Superior Ct. 391, 147 A. 2d 164, I dissent from the majority opinion.

Gunther, J., joins in this dissent.

Opinion of the Court

Opinion by

Ervin, J.,

In this case it was stipulated by counsel that the testimony would be the same as in the case of Commonwealth v. Weik, 188 Pa. Superior Ct. 391, 147 A. 2d 164, “except as to weights.” In the present case the evidence showed that the overweight was 5,010 pounds.

The decision in this case is controlled by the opinion filed herewith in Commonwealth v. Weik, supra.

The judgment of sentence is affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.