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Commonwealth v. Hallowell

Superior Court of Pennsylvania
Mar 27, 1973
302 A.2d 377 (Pa. Super. Ct. 1973)

Opinion

December 4, 1972.

March 27, 1973.

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.

Before WRIGHT, P.J., WATKINS, JACOBS, HOFFMAN, SPAULDING, CERCONE, and PACKEL, JJ.

Appeal, No. 1553, Oct. T., 1972, from order of Court of Common Pleas, Trial Division, of Philadelphia, No. 72-05-3938, in case of Commonwealth of Pennsylvania v. William Hallowell. Appeal quashed and matter remanded to Municipal Court.

Proceedings upon petition to suppress evidence. Before CONROY, JR., J.

Order entered suppressing evidence. Commonwealth appealed.

Bonnie Brigance Leadbetter, Assistant District Attorney, with her Martin H. Belsky, Assistant District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellant.

David Rudovsky, with him Louis M. Natali, Jr., Kairys Rudovsky, and Segal, Appel Natali, for appellee.


Argued: December 4, 1972.


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.


Summaries of

Commonwealth v. Hallowell

Superior Court of Pennsylvania
Mar 27, 1973
302 A.2d 377 (Pa. Super. Ct. 1973)
Case details for

Commonwealth v. Hallowell

Case Details

Full title:Commonwealth, Appellant, v. Hallowell

Court:Superior Court of Pennsylvania

Date published: Mar 27, 1973

Citations

302 A.2d 377 (Pa. Super. Ct. 1973)
302 A.2d 377

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