Commonwealth v. Hallowell

Superior Court of Pennsylvania

Commonwealth v. Hallowell

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

CourtSuperior Court of Pennsylvania

DecidedMarch 27, 1973

DocketAppeal, 1553

StatusPublished

Cited by2 cases

This text of 302 A.2d 377 (Commonwealth v. Hallowell) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commonwealth v. Hallowell, 302 A.2d 377, 223 Pa. Super. 440, 1973 Pa. Super. LEXIS 2147 (Pa. Ct. App. 1973).

Pincite

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 *442 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.

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