Opinion
March 22, 1973.
June 21, 1974.
Criminal Law — Practice — Trial — Appeal from Municipal Court to Court of Common Pleas.
Commonwealth v. White, 228 Pa. Super. 23 (1974), Held controlling.
Before WRIGHT, P.J., WATKINS, JACOBS, HOFFMAN, SPAULDING, CERCONE, and SPAETH, JJ.
Appeal, No. 1647, Oct. T., 1972, from judgment of sentence of Court of Common Pleas, Trial Division, of Philadelphia, June T., 1972, No. 1053, in case of Commonwealth of Pennsylvania v. Love Harmon. Judgment of sentence reversed.
Indictment charging defendant with unlawful possession of narcotic drugs. Before SCHWARTZ, J., without a jury.
Finding of guilty and judgment of sentence entered thereon. Defendant appealed.
John W. Packel, Assistant Defender, with him Jonathan Miller, Assistant Defender, and Vincent J. Ziccardi, Defender, for appellant.
Milton M. Stein, Assistant District Attorney, with him James T. Ranney, Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.
JACOBS, J., dissented.
Argued March 22, 1973.
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.