COM. v. NESS


341 Pa.Super. 225 (1985)

491 A.2d 234

COMMONWEALTH of Pennsylvania, Appellant, v. Raymond E. NESS. COMMONWEALTH of Pennsylvania, Appellant, v. Dale Elwood SMITH.

Supreme Court of Pennsylvania.

Filed April 4, 1985.


Attorney(s) appearing for the Case

William P. Carlucci, Assistant District Attorney, Williamsport, for Commonwealth, appellant.

Scott Williams, Williamsport, for appellee (at 53).

John P. Pietrovito, Williamsport, for appellee (at 54).

Before WICKERSHAM, DEL SOLE and POPOVICH, JJ.


DEL SOLE, Judge:

The question for our consideration in this appeal is whether the Vehicle Code of 1976, P.L. 162, Act. No. 81, 75 Pa.C.S.A. Section 101, eff. July 1, 1977, continued the previous Code's requirement that speed timing devices, such as a stop watch, be used over a measured distance of at least one-eighth of a mile.

On March 13, 1983, Appellee, Raymond Ness, was cited for operating his vehicle...

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