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COMMONWEALTH PENNSYLVANIA v. HAROLD J. BOTTCHENBAUGH (11/19/82)

filed: November 19, 1982.

COMMONWEALTH OF PENNSYLVANIA,
v.
HAROLD J. BOTTCHENBAUGH, APPELLANT. COMMONWEALTH OF PENNSYLVANIA V. JAMES COLLINS, APPELLANT



No. 569 Philadelphia, 1980, No. 570 Philadelphia, 1980, Appeal from Judgments of Sentence of the Court of Common Pleas, Criminal Division, of Bucks County at No. 2477 and 2478 of 1978.

COUNSEL

John P. Koopman, Bristol, for appellants.

Theodore Fritsch, Jr., Assistant District Attorney, Doylestown, for Commonwealth, appellee.

Hester, Cavanaugh and Van der Voort, JJ.

Author: Cavanaugh

[ 306 Pa. Super. Page 408]

This case involves an appeal from a summary conviction for violation of section 7105 of the Crimes Code, 18 Pa.C.S.A. ยง 7105, Violation of Pool and Billiard Regulations. Appellants were found guilty by a district justice. They appealed to the Court of Common Pleas of Bucks County for a de novo hearing. Following this hearing, the Honorable Oscar S. Bortner also found appellants guilty of violating the Pool and Billiard regulations and this appeal followed.

A review of the record disloses that appellants failed to file any post-verdict motions. Our recent decision in Commonwealth v. Koch, 288 Pa. Super. 290, 431 A.2d 1052 (1981) as well as the comment to Pa.R.Crim.P. 1123 (effective July 1, 1981) make it clear that post-verdict motions must now be filed in cases involving summary convictions. However, because appellants filed their appeal prior to the filing of Koch and the effective date of the comment to Rule 1123, we hold that appellants have not waived their right to file post-verdict motions. While the usual remedy applied by this court has been to remand for the filing of post-verdict motions, judicial economy permits us to reach the merits of appellants' argument.

The sole question raised by this appeal concerns whether Pennsylvania Crimes Code Section 7105 is constitutional.*fn1

[ 306 Pa. Super. Page 409]

We find that this regulation of pool and billiard rooms is constitutional and therefore affirm the decision of the lower court.

Section 7105 provides:

A person is guilty of a summary offense if he, being a licensed keeper, proprietor, owner or superintendent of any public poolroom or billiard room except as otherwise provided in this section for cities of the first class, permits such place to remain open on Sunday or between the hours of one o'clock antemeridian and six o'clock antemeridian of any secular day, or knowingly allows or permits any person under the age of 18 years to be present in any public poolroom or billiard room, or if he, being a licensed keeper, proprietor, owner or superintendent of any public poolroom or billiard room having at least six tables, in a city of the first class, permits such place to remain open on Sunday, except between the hours ...


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