Commonwealth v. Young

Superior Court of Pennsylvania

Commonwealth v. Young

135 A.2d 774, 184 Pa. Super. 658, 1957 Pa. Super. LEXIS 317

CourtSuperior Court of Pennsylvania

DecidedNovember 12, 1957

DocketAppeal, 177

StatusPublished

Cited by16 cases

This text of 135 A.2d 774 (Commonwealth v. Young) 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. Young, 135 A.2d 774, 184 Pa. Super. 658, 1957 Pa. Super. LEXIS 317 (Pa. Ct. App. 1957).

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Opinion

Opinion by

Ervin, J.,

This was an appeal from a summary conviction of disorderly conduct under the Act of June 3, 1953, P. L. *659 272, §1, 19 PS §1189. The court below, after hearing the matter de novo, entered an order of judgment dismissing the appeal. The defendant took the present appeal. There should have been a finding that the defendant was guilty or not guilty and sentence should then have been imposed. Com. v. Peacock, 118 Pa. Superior Ct. 168, 179 A. 907; Com. v. Brenneman, 172 Pa. Superior Ct. 198, 92 A. 2d 894. With the record in this state, Judge Weinbott suggested to counsel for the defendant that the appeal be withdrawn and that a new trial be granted, after which an appropriate finding would be made and sentence imposed. Counsel for the defendant did not withdraw the appeal.

Judgment reversed with a procedendo.

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Opinion by

Ervin, J.,

This was an appeal from a summary conviction of disorderly conduct under the Act of June 3, 1953, P. L. *659 272, §1, 19 PS §1189. The court below, after hearing the matter de novo, entered an order of judgment dismissing the appeal. The defendant took the present appeal. There should have been a finding that the defendant was guilty or not guilty and sentence should then have been imposed. Com. v. Peacock, 118 Pa. Superior Ct. 168, 179 A. 907; Com. v. Brenneman, 172 Pa. Superior Ct. 198, 92 A. 2d 894. With the record in this state, Judge Weinbott suggested to counsel for the defendant that the appeal be withdrawn and that a new trial be granted, after which an appropriate finding would be made and sentence imposed. Counsel for the defendant did not withdraw the appeal.

Judgment reversed with a procedendo.

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Bluebook (online)

135 A.2d 774, 184 Pa. Super. 658, 1957 Pa. Super. LEXIS 317, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-young-pasuperct-1957.

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