Opinion
September 15, 1961.
April 27, 1962.
Appeals — Parties — Right to appeal — Order refusing special grand jury investigation.
Hamilton Appeal, 407 Pa. 366, Held controlling.
Before ERVIN, WRIGHT, WOODSIDE, WATKINS, and FLOOD, JJ. (RHODES, P.J., and MONTGOMERY, J., absent).
Appeal, No. 335, Oct. T., 1961, from order of Court of Quarter Sessions of Philadelphia County, June T., 1961, in re petition of John Stewart et al. Appeal quashed.
Proceeding by petitioners, as citizens and residents of Philadelphia and as members of the Republican Alliance, requesting the convening of special grand jury.
Order entered granting motion to dismiss petition, opinion by ALEXANDER, J. Petitioners appealed.
Herbert A. Fogel, with him Perrin C. Hamilton, for appellants. David Berger, City Solicitor, with him Clyde W. McIntyre, Assistant to the City Solicitor, James L. Stern, Deputy City Solicitor, Levy Anderson, First Deputy City Solicitor, for appellee.
Edward L. Snitzer, Milton C. Sharp, and Howard E. Stern, for Redevelopment Authority, under Rule 46.
Argued September 15, 1961.
At approximately the same time that this appeal was taken to our Court, an appeal in a companion case involving the same matter was taken to the Supreme Court. We heard arguments on the merits, on a motion to quash and on a suggestion to transfer the appeal to the Supreme Court, but we took no further action pending the disposition of the appeal to the Supreme Court. That Court has now decided that memorialists have no right of appeal from an order of a Court of Quarter Sessions refusing a request for a special grand jury investigation. Hamilton Appeal, 407 Pa. 366, 180 A.2d 7822 (1962). There would be no purpose in our certifying this case to the Supreme Court as that Court has decided that there is no right of appeal.
Appeal quashed.