Opinion
September 30, 1957.
November 12, 1957.
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.
Before RHODES, P.J., HIRT, GUNTHER, WRIGHT, WOODSIDE, ERVIN, and WATKINS, JJ.
Appeal, No. 177, Oct. T., 1957, from judgment of Court of Quarter Sessions of Philadelphia County, Miscellaneous Division, Feb. T., 1957, No. 74, in case of Commonwealth v. Charles T. Young. Judgment reversed.
Appeal by defendant following summary conviction before magistrate upon charge of disorderly conduct. Before WEINROTT, J., without a jury.
Judgment entered dismissing appeal. Defendant appealed.
A. Leon Higginbotham, Jr., with him Harvey M. Schmidt, Clifford Scott Green and Norris, Schmidt, Green, Harris Higginbotham, for appellant.
Juanita Kidd Stout, Assistant District Attorney, with her Thomas M. Reed, Assistant District Attorney, James N. Lafferty, First Assistant District Attorney, and Victor H. Blanc, District Attorney, for appellee.
Argued September 30, 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 With the record in this state, Judge WEINROTT suggested to counsel for the defendant that the appeal be withdrawn and that a new trial be granted, after which an appropriate finding would be made and sentence imposed.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.