Commonwealth v. Alton

Superior Court of Pennsylvania

Commonwealth v. Alton

224 A.2d 792, 209 Pa. Super. 168, 1966 Pa. Super. LEXIS 706

Superior Court of Pennsylvania·Decided December 16, 1966·No. Appeal, 629·Published·Cited by 16 cases

Opinion

Per Curiam,

The record in this case shows that this was an appeal from a summary conviction and that a de novo hearing was held before the court below and that at the conclusion of said hearing the court entered an order that “The appeal is dismissed and the judgment of the magistrate is affirmed.”

It is pointed out in Com. v. Young, 184 Pa. Superior Ct. 658, 135 A. 2d 774, that there should have been a finding that the defendant was guilty or not guilty. We reversed the Young case with a procedendo and we must do the same thing here.

Judgment reversed with a procedendo.

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Opinion

Per Curiam,

The record in this case shows that this was an appeal from a summary conviction and that a de novo hearing was held before the court below and that at the conclusion of said hearing the court entered an order that “The appeal is dismissed and the judgment of the magistrate is affirmed.”

It is pointed out in Com. v. Young, 184 Pa. Superior Ct. 658, 135 A. 2d 774, that there should have been a finding that the defendant was guilty or not guilty. We reversed the Young case with a procedendo and we must do the same thing here.

Judgment reversed with a procedendo.

Commonwealth v. Alton, 224 A.2d 792, 209 Pa. Super. 168, 1966 Pa. Super. LEXIS 706 (Pa. Ct. App. 1966).

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Opinion

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