Appeals — Jurisdiction — Superior Court — Appeal by Commonwealth from decision of Municipal Court of Philadelphia suppressing evidence — Appellate Court Jurisdiction Act — Appeal to Court of Common Pleas.
1. Under the Appellate Court Jurisdiction Act of July 31, 1970, P.L. 673, § 205 (which provides the Superior Court with jurisdiction over all appeals from judgments of the Court of Common Pleas) the Superior Court has no power to decide issues raised in an appeal by the Commonwealth from a decision of the Municipal Court of Philadelphia to suppress evidence offered by the Commonwealth against defendant.
2. An appeal by the Commonwealth from a decision of the Municipal Court of Philadelphia to suppress evidence offered by the Commonwealth against the defendant should be made to the Court of Common Pleas of Philadelphia.
Argued: December 4, 1972.
OPINION BY HOFFMAN, J., March 27, 1973:
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. III, § 302 (17 Pa.C.S.A. § 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 matter to the Common Pleas Court of Philadelphia. October 17, 1969, P.L. 259, § 19 (17 Pa.C.S.A. § 711.19).
Accordingly, this appeal is hereby quashed and the matter remanded to the Municipal Court.