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COMMONWEALTH v. COOPER (11/09/53)

THE SUPREME COURT OF PENNSYLVANIA


November 9, 1953

COMMONWEALTH
v.
COOPER, APPELLANT

Appeal, No. 225, March T., 1953, from order of Court of Common Pleas of Butler County, March T., 1953, No. 50, in case of Commonwealth of Pennsylvania v. Howard Joseph Cooper. Order reversed.

COUNSEL

Lee C. McCandless, for appellant.

Randolph C. Ryder, Deputy Attorney General, with him Robert B. Greer, Jr., for appellee.

Before Stern, C.j., Stearne, Jones, Bell, Chidsey, Musmanno and Arnold, JJ.

Author: Jones

[ 375 Pa. Page 296]

OPINION BY MR. JUSTICE JONES

As in the case of Commonwealth v. Strobel, p. 292 supra, decided this day, the present appellant, Howard J. Cooper, appeals from the order of the Court of Common Pleas of Butler County dismissing his appeal to that court from the order of the Secretary of Revenue suspending his operator's license. The court below heard Cooper's appeal the same day as it heard the appeal in the Strobel case and, at the conclusion of the testimony, summarily dismissed the appeal without making any findings of fact whatsoever whereon to base an appropriate conclusion of law. What we have said in Commonwealth v. Strobel, supra, wich respect to the court's duty to make independent findings of fact on the basis of the testimony adduced at the hearing before it is equally applicable here.

Order reversed and case remanded for further proceedings in accordance with this opinion.

Disposition

Order reversed and case remanded for further proceedings in accordance with this opinion.

19531109

© 1998 VersusLaw Inc.



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