Commonwealth v. Wenyon

Superior Court of Pennsylvania

Commonwealth v. Wenyon

326 A.2d 633, 230 Pa. Super. 342, 1974 Pa. Super. LEXIS 2461

CourtSuperior Court of Pennsylvania

DecidedSeptember 23, 1974

DocketAppeal, 750

StatusPublished

Cited by8 cases

This text of 326 A.2d 633 (Commonwealth v. Wenyon) 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. Wenyon, 326 A.2d 633, 230 Pa. Super. 342, 1974 Pa. Super. LEXIS 2461 (Pa. Ct. App. 1974).

Pincite

Opinion

Opinion by

Van dee Vooet, J.,

The record shows that on December 27, 1973, the appellant was tried before a District Justice of the Peace and found guilty of violating Section 1028(a) of The Vehicle Code (75 P.S. §1028(a)), in that he had failed to heed a red traffic signal.

After payment of fine and costs, the appellant appealed to the Court of Common Pleas, where a hearing de novo was held. At the conclusion of the hearing, the lower court stated on the record that: “The appeal is dismissed.” Moreover, in an opinion prepared by the lower court, it is again noted that “The defendant’s appeal was properly dismissed.”

While it is implicit in the lower court’s actions and opinion that it considered the evidence supportive of a finding of guilt, we must nevertheless follow established procedure and remand this matter in order that the lower court enter a finding of guilty or not guilty, and if guilty to impose sentence. Commonwealth v. Alton, 209 Pa. Superior Ct. 168, 224 A. 2d 792 (1966); Commonwealth v. Young, 184 Pa. Superior Ct. 658, 135 A. 2d 774 (1957).

Reversed and remanded with a procedendo.

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