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COMMONWEALTH PENNSYLVANIA v. CONRAD HAMPTON ET AL. (10/07/77)

SUPREME COURT OF PENNSYLVANIA


decided: October 7, 1977.

COMMONWEALTH OF PENNSYLVANIA
v.
CONRAD HAMPTON ET AL., APPELLANTS

COUNSEL

Defender Association of Phila., John W. Packel, Asst. Public Defender, Chief, Appeals Div., for appellants.

F. Emmett Fitzpatrick, Dist. Atty., Steven H. Goldblatt, Asst. Dist. Atty., Chief, Appeals Div., Gaile R. McLaughlin, Philadelphia, for appellee.

Jones, C. J., and Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ. Jones, former C. J., did not participate in the decision of this case. Manderino, J., concurs in the result.

Author: Per Curiam

[ 474 Pa. Page 387]

OPINION OF THE COURT

The appellants in this case were summarily adjudicated guilty of criminal contempt in the Municipal Court of Philadelphia and each was sentenced to a jail term of six months. Jurisdiction of this Court has been invoked under the Appellate Court Jurisdiction Act of 1970, July 31, P.L. 673, No. 223, art. II, § 202(5), 17 P.S. § 211.202(5) (Supp.1977-78). However, § 211.202(5) provides for a direct appeal to this Court in cases of orders of direct criminal contempt in the Courts of Common Pleas and other contempt proceedings in the Courts of Common Pleas relating to orders which are appealable directly to the Supreme Court. See Commonwealth v. Africa, 466 Pa. 603, n. 1 at 610, 353 A.2d 855, n. 1 at 858 (1976).*fn* However, these convictions arose in Municipal

[ 474 Pa. Page 388]

Court and not the Court of Common Pleas. We, therefore, transfer the matter to the Court of Common Pleas of Philadelphia with instructions that it proceed to hear and decide the appeal in accordance with the statutes of this Commonwealth and the rules of this Court. Appellate Court Jurisdiction Act, supra, art. V, § 503(b), 17 P.S. § 211.503(b). See also Act of October 17, 1969, P.L. 259, § 19, 17 P.S. § 711.19 (Supp.1977-78); Act of 1968, December 2, P.L. 1137, No. 355, § 3, 42 P.S. § 3003 (Supp.1977-78); Pa.Rules of Criminal Procedure 67.


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