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COMMONWEALTH v. YOUNG
Appeals — Court of quarter sessions — Summary conviction before justice of peace — Judgment dismissing appeal — Absence of finding of guilt.
On appeal from judgment of a magistrate, following a summary conviction, a judgment merely dismissing the appeal is not sufficient and will be reversed; there should be a finding that the defendant is guilty or not guilty and, if guilty, sentence should be imposed.
Argued September 30, 1957.
OPINION BY ERVIN, J., November 12, 1957:
This was an appeal from a summary conviction of disorderly conduct under the Act of June 3, 1953, P.L. 272, § 1, 19 P. S. § 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. Super. 168, 179 A. 907; Com. v. Brenneman, 172 Pa. Super. 198, 92 A.2d 894. With the record in this state, Judge WEINROTT suggested to counsel for the defendant that the appeal be withdrawn and that a new trial be granted, after which an appropriate finding would be made and sentence imposed.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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