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COMMONWEALTH PENNSYLVANIA v. DALE R. MILLER (05/24/82)

submitted: May 24, 1982.

COMMONWEALTH OF PENNSYLVANIA, APPELLANT,
v.
DALE R. MILLER



No. 2530 Philadelphia, 1980, Appeal from the Order of the Court of Common Pleas of Elk County, Criminal Division, at No. 80 of 1980

COUNSEL

Stuart Mark Bliwas, Assistant Attorney General, Harrisburg, for Commonwealth, appellant.

David Alvin Whitney, Ridgway, for appellee.

Brosky, Wieand and Beck, JJ.

Author: Brosky

[ 306 Pa. Super. Page 469]

The Commonwealth appeals here from an order issued in the Elk County Court of Common Pleas.*fn1 That order sustained an appeal from a conviction in Magistrate's

[ 306 Pa. Super. Page 470]

Court for purchasing a hunting license when hunting privileges were revoked. The issue presented here is the validity of a supersedeas of the license revocation. The court below held that the supersedeas was effective and thus enforcement of the revocation was barred. However, since the court did not have jurisdiction to issue the supersedeas, it was of no effect, revocation enforcement was permissible, and we reverse.

The Pennsylvania Game Commission contends, correctly, that exclusive jurisdiction over appeals from its orders lies with the Commonwealth Court.*fn2 Therefore, they argue, a supersedeas of the license revocation issued by a court other than the Commonwealth Court is void and the Commission is free to enforce the revocation.

This case has an involved procedural background. In April, 1979, the Pennsylvania Game Commission revoked the hunting and trapping privileges of appellee, Dale Roger Miller, for two years.*fn3 In May of that year, Miller appealed the revocation order to the Elk County Court of Common Pleas. On May 14, President Judge Greiner set a hearing date and granted a supersedeas of the revocation pendente lite. The Commonwealth filed a motion to dismiss on June 21, 1979, based on a lack of jurisdiction in the Court of Common Pleas. The following day, an order was issued by President Judge Greiner transferring the appeal to Commonwealth

[ 306 Pa. Super. Page 471]

Court.*fn4 On August 16, 1979, Miller purchased a hunting license.

On January 31, 1980, a citation was filed with Justice of the Peace Friedl of Elk County against Miller for violation of ยง 316(g) of the Game Law: purchasing a hunting license while his hunting privileges were revoked. At a hearing on May ...


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