Commonwealth v. Anderson
Commonwealth v. Anderson
Opinion of the Court
Appellant, Robert C. Anderson, upon summary conviction under the Motor Vehicle Code for operating a vehicle with excessive axle weight, was sentenced to pay $710 by a district justice.
The facts of the case may be briefly summarized. Appellant, while driving a tri-axle vehicle, was stopped by a state trooper working in conjunction with two weight enforcement agents of the Department of Transportation. The state trooper testified at trial that the vehicle driven by Appellant “was loaded with coal and the tires being squashed out and heaped up in the bed of the truck was coal and it was this officer’s opinion that he was in violation of excessive weights.” N.T. at 6.
At the time of the stop Appellant had a weighmaster’s slip showing a gross weight of 73,260 lbs. or 20 pounds under the statutory maximum.
. Pursuant to 75 Pa.Cons.Stat.Ann. § 4945(b) (Purdon 1977).
. Although Appellant filed no post-trial motions, the record reveals that the lower court did not comply with Rule 1123(c), Pa.R.Crim.P. “It is because of the misconception regarding the applicability of Rule 1123 to the summary proceedings by both appellant and the lower court that we must decline to find a knowing and intelligent waiver by appellant in the instant case for his failure to file post trial motions.” Commonwealth v. Koch, 288 Pa.Super.Ct. 290, 296-97, 431 A.2d 1052, 1056 (1981). While the usual remedy in such instances has been to remand for filing of post-trial motions, this Court can reach the merits where the nature of the offense, the facts and circumstances of the case, and judicial economy so permit. Id., 288 Pa.Super. at 296-97, 431 A.2d 1056.
. See 75 Pa.Cons.Stat.Ann. § 4941 (Purdon 1977).
. See 75 Pa.Cons.Stat.Ann. § 4943(a) (Purdon 1977).
. Appellant, driving his own truck, was stopped and cited at the same time as the Appellant in Hennemuth. The cases were tried together before the Court of Common Pleas but were not consolidated for appeal. Appellant and Hennemuth were represented by the same attorney who filed identical briefs in these appeals.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.