Commonwealth v. Harmon

Superior Court of Pennsylvania

Commonwealth v. Harmon

324 A.2d 473, 229 Pa. Super. 326, 1974 Pa. Super. LEXIS 2187

Superior Court of Pennsylvania·Decided June 21, 1974·No. Appeal, No. 1647·Published·Cited by 2 cases

Opinion

Per Curiam,

Appellant contends that his right to a trial de novo on appeal from the Philadelphia Municipal Court to the Court of Common Pleas includes the right to a second pre-trial suppression hearing. Our decision in Common[327] wealth v. White, 228 Pa. Superior Ct. 23, 324 A.2d 469 (1974) which struck down as unconstitutional General Court Regulation No. 72-7 is dispositive of this issue.

We therefore reverse the judgment of sentence, and remand for further proceedings consistent with this opinion.

Jacobs, J., dissents.

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Opinion

Per Curiam,

Appellant contends that his right to a trial de novo on appeal from the Philadelphia Municipal Court to the Court of Common Pleas includes the right to a second pre-trial suppression hearing. Our decision in Common[327] wealth v. White, 228 Pa. Superior Ct. 23, 324 A.2d 469 (1974) which struck down as unconstitutional General Court Regulation No. 72-7 is dispositive of this issue.

We therefore reverse the judgment of sentence, and remand for further proceedings consistent with this opinion.

Jacobs, J., dissents.

Commonwealth v. Harmon, 324 A.2d 473, 229 Pa. Super. 326, 1974 Pa. Super. LEXIS 2187 (Pa. Ct. App. 1974).

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Opinion

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