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COM. v. HARMON

Superior Court of Pennsylvania.

Jun 21, 1974

Judgment

Subsequent
References

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Criminal Law — Practice — Trial — Appeal from Municipal Court to Court of Common Pleas.

Commonwealth v. White, 228 Pa. Super. 23 (1974), Held controlling.

JACOBS, J., dissented.

Argued March 22, 1973.

OPINION PER CURIAM, June 21, 1974:

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 Commonwealth v. White, 228 Pa. Super. 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.