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