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COMMONWEALTH PENNSYLVANIA v. ELLIS B. JOHNSON (09/21/79)

SUPERIOR COURT OF PENNSYLVANIA


filed: September 21, 1979.

COMMONWEALTH OF PENNSYLVANIA, APPELLANT,
v.
ELLIS B. JOHNSON

No. 2349 October Term, 1978. Appeal from the Order of the Court of Common Pleas of Delaware County, Criminal Division, S.A. No. 70 of 1978.

COUNSEL

Robert F. Pappano, Chester, for Commonwealth of Pennsylvania, Township of Tinicum, appellant.

Anthony J. McNulty, Media, for appellee.

Arthur R. Littleton, Philadelphia, filed a amicus curiae brief on behalf of The Pennsylvania Motor Truck Assn.

Price, Spaeth and Lipez, JJ.

Author: Per Curiam

[ 270 Pa. Super. Page 57]

Appellee was convicted, before a District Justice, of a summary violation of section 4942(a) of the Pennsylvania

[ 270 Pa. Super. Page 58]

Vehicle Code.*fn1 The Court of Common Pleas sustained appellee's summary appeal and found him not guilty. Judgment was entered accordingly, and the Commonwealth appeals.

"[A]n entry of judgment of not guilty by the court of [common pleas] on an appeal from a summary conviction by a justice is an end of the case and . . . no appeal lies." Commonwealth v. Bertolette, 101 Pa. Super. 334, 335-36 (1931). Since a judgment of acquittal was entered, we must quash the Commonwealth's appeal.*fn2 Commonwealth v. Moose Lodge No. 148, 188 Pa. Super. 531, 149 A.2d 565 (1959).

Appeal quashed.


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