Opinion
March 28, 1974.
September 23, 1974.
Criminal Law — Practice — Motion to suppress — Appeal from Municipal Court.
A defendant is entitled to relitigation of a motion to suppress when he appeals from a Municipal Court conviction to the Court of Common Pleas: Commonwealth v. White, 228 Pa. Super. 23 (1974).
Before WATKINS, P.J., JACOBS, HOFFMAN, CERCONE, PRICE, VAN DER VOORT, and SPAETH, JJ.
Appeal, No. 877, Oct. T., 1973, from judgment of sentence of Court of Common Pleas, Trial Division, of Philadelphia, Jan. T., 1973, No. 246, in case of Commonwealth of Pennsylvania v. George A. Davis. Judgment of sentence reversed and case remanded for new trial.
Indictment charging defendant with carrying a concealed deadly weapon, carrying firearms without a license, and carrying firearms on a public street or place. Before WILSON, J., without a jury.
Finding of guilty of carrying firearms without a license, and judgment of sentence entered thereon. Defendant appealed.
John W. Packel, Assistant Defender, and Vincent J. Ziccardi, Defender, for appellant.
Maxine J. Stotland, David Richman, Mark Sendrow, and Steven H. Goldblatt, Assistant District Attorneys, Abraham J. Gafni, Deputy District Attorney, Richard A. Sprague, First Assistant District Attorney, and F. Emmett Fitzpatrick, District Attorney, for Commonwealth, appellee.
JACOBS, J., dissented.
Submitted March 28, 1974.
In Commonwealth v. White, 228 Pa. Super. 23, 324 A.2d 469 (1974), we held that a defendant is entitled to a relitigation of a suppression motion when he appeals from a Municipal Court conviction to the Common Pleas Court. This appeal concerns exactly the same issues and is governed by our decision. We, therefore, reverse the judgment of sentence and remand for a new trial consistent with the opinion in Commonwealth v. White, supra.
JACOBS, J., dissents.