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COMMONWEALTH v. HALLOWELL (03/27/73)

SUPERIOR COURT OF PENNSYLVANIA


decided: March 27, 1973.

COMMONWEALTH, APPELLANT,
v.
HALLOWELL

Appeal from order of Court of Common Pleas, Trial Division, of Philadelphia, No. 72-05-3938, in case of Commonwealth of Pennsylvania v. William Hallowell.

COUNSEL

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.

Wright, P. J., Watkins, Jacobs, Hoffman, Spaulding, Cercone, and Packel, JJ. Opinion by Hoffman, J.

Author: Hoffman

[ 223 Pa. Super. Page 441]

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 P.S. § 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

[ 223 Pa. Super. Page 442]

    to the Common Pleas Court of Philadelphia. October 17, 1969, P. L. 259, § 19 (17 P.S. § 711.19).

Accordingly, this appeal is hereby quashed and the matter remanded to the Municipal Court.

Disposition

Appeal quashed and matter remanded to Municipal Court.

19730327

© 1998 VersusLaw Inc.



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