Opinion
March 4, 1929.
March 12, 1929.
Practice Q.S. — Affirmance of judgment of magistrate without opinion or findings — Summary conviction.
An order of the court of quarter sessions which merely affirms the judgment of a magistrate on an appeal in a summary conviction, without opinion or finding will be reversed.
Appeal No. 30, February T., 1929, by defendant from order of Q.S., Lackawanna County, in the case of Commonwealth v. D. Sesso.
Before TREXLER, KELLER, LINN, GAWTHROP and CUNNINGHAM, JJ. Reversed.
Appeal from summary conviction for vagrancy. Before NEWCOMB, P.J., and LEACH, J.
The opinion of the Superior Court states the case.
Appeal dismissed. Defendant appealed. Error assigned, among others, was the order of the court.
Joseph J. Walsh, and with him Earl V. McLaughlin and John J. Owens, for appellant.
Clarence J. Wing, Assistant District Attorney, and with him Harold A. Scragg, District Attorney, and Joseph B. Jenkins, Assistant District Attorney, for appellee.
Argued March 4, 1929.
Defendant was convicted before the magistrate of vagrancy under the Act of Assembly of May 8, 1876, P.L. 154. The court of quarter sessions allowed an appeal, heard the case and entered an order affirming the judgment. An order which merely affirms the judgment of the magistrate will be reversed: Com. v. Congdon, 74 Pa. Super. 286; Com. v. Bickel, 78 Pa. Super. 348; Com. v. Oliver, 77 Pa. Super. 580.
Now, March 5, 1929, the record is remitted in order that the proper judgment may be entered.
A similar order is directed to be entered in No. 29, February T., 1929.