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COMMONWEALTH v. HARMON (06/21/74)

decided: June 21, 1974.

COMMONWEALTH
v.
HARMON, APPELLANT



Appeal from judgment of sentence of Court of Common Pleas, Trial Division, of Philadelphia, June T., 1972, No. 1053, in case of Commonwealth of Pennsylvania v. Love Harmon.

COUNSEL

John W. Packel, Assistant Defender, with him Jonathan Miller, Assistant Defender, and Vincent J. Ziccardi, Defender, for appellant.

Milton M. Stein, Assistant District Attorney, with him James T. Ranney, Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

Wright, P. J., Watkins, Jacobs, Hoffman, Spaulding, Cercone, and Spaeth, JJ. Jacobs, J., dissents.

Author: Per Curiam

[ 229 Pa. Super. Page 326]

Appellant contends that his right to a trial de novo on appeal from the Philadelphia Municipal Court to the Court of Common Pleas includes the right to a second pre-trial suppression hearing. Our decision in Commonwealth Page 327} v. White, 228 Pa. Superior Ct. 23, 324 A.2d 469 (1974) which struck down as unconstitutional General Court Regulation No. 72-7 is dispositive of this issue.

We therefore reverse the judgment of sentence, and remand for further proceedings consistent with this opinion.

Disposition

Judgment of sentence reversed.

19740621

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