Commonwealth v. Demmitt, Jr., Cross

Opinion

IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT

COMMONWEALTH OF PENSYLVANIA, : No. 26 MAL 2015 :

Respondent : Petition for Allowance of Appeal from the : Unpublished Order of the Superior Court :

v. :

: :

HARVEY ELWOOD DEMMITT, JR., :

:

Cross Petitioner :

ORDER

PER CURIAM DECIDED: July 28, 2015 AND NOW, this 28th day of July, 2015, the Petition for Allowance of Appeal is

GRANTED, and the Superior Court’s Order is VACATED. In ordering a new trial, the

Superior Court failed to address Petitioner’s first two issues on appeal to that court — a

challenge to the sufficiency of the evidence, and a constitutional challenge to the implicated

statute — which, if meritorious, may warrant Petitioner’s discharge. Accordingly, the

matter is REMANDED to the Superior Court to address the above two issues before

addressing, if necessary, the remaining issues raised before it.