Appeal from judgment of sentence of Court of Common Pleas, Trial Division, of Philadelphia, Jan. T., 1973, No. 246, in case of Commonwealth of Pennsylvania v. George A. Davis.
John W. Packel, Assistant Defender, and Vincent J. Ziccardi, Defender, for appellant.
Maxine J. Stotland, David Richman, Mark Sendrow, and Steven H. Goldblatt, Assistant District Attorneys, Abraham J. Gafni, Deputy District Attorney, Richard A. Sprague, First Assistant District Attorney, and F. Emmett Fitzpatrick, District Attorney, for Commonwealth, appellee.
Watkins, P. J., Jacobs, Hoffman, Cercone, Price, Van der Voort, and Spaeth, JJ. Jacobs, J., dissents.
[ 230 Pa. Super. Page 497]
In Commonwealth v. White, 228 Pa. Superior Ct. 23, 324 A.2d 469 (1974), we held that a defendant is entitled to a relitigation of a suppression motion when
[ 230 Pa. Super. Page 498]
he appeals from a Municipal Court conviction to the Common Pleas Court. This appeal concerns exactly the same issues and is governed by our decision. We, therefore, reverse the judgment of sentence and remand for a new trial consistent with the opinion in Commonwealth v. White, supra.
Judgment of sentence reversed and case remanded for new trial.