Commonwealth v. Hallowell

302 A.2d 377, 223 Pa. Super. 440, 1973 Pa. Super. LEXIS 2147

Opinion

Opinion by

Hoffman, J.,

This is a Commonwealth appeal from the decision of the Municipal Court of Philadelphia to suppress the evidence offered by the Commonwealth against the appellee.

The Appellate Court Jurisdiction Act provides the Superior Court with jurisdiction over all appeals from judgments of the Courts of Common Pleas. July 31, 1970, P. L. 673, art. Ill, §302 (17 P.S. §211.302). Thus, this court has no power to decide the issues raised in the instant matter. The proper procedure would have been for the Commonwealth to have appealed this mat ter to the Common Pleas Court of Philadelphia. October 17, 1969, P. L. 259, §19 (17 P.S. §711.19).

Accordingly, this appeal is hereby quashed and the matter remanded to the Municipal Court.