Opinion

Commonwealth v. Young

1957 Pa. Super. LEXIS 317 · Superior Court of Pennsylvania · Nov 12, 1957

Full text

Commonwealth v. Young, Appellant

Opinion by Ervin, J., This was an appeal from a summary conviction of disorderly conduct under the Act of June 3, 1953, P. L. *659 272, §1, 19 PS §1189. The court below, after hearing the matter de novo, entered an order of judgment dismissing the appeal. The defendant took the present appeal. There should have been a finding that the defendant was guilty or not guilty and sentence should then have been imposed. Com. v. Peacock, 118 Pa. Superior Ct. 168, 179 A. 907; Com. v. Brenneman, 172 Pa. Superior Ct. 198, 92 A. 2d 894. With the record in this state, Judge Weinbott suggested to counsel for the defendant that the appeal be withdrawn and that a new trial be granted, after which an appropriate finding would be made and sentence imposed. Counsel for the defendant did not withdraw the appeal. Judgment reversed with a procedendo.

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Parentheticals

At a de novo trial from an appeal of a summary conviction, Court of Common Pleas should have made a "finding" that the defendant was guilty or not guilty and sentence then should have been entered
Commonwealth v. Ragoli
At a de novo trial from an appeal of a summary conviction, Court of Common Pleas should have made a “finding” that the defendant was guilty or not guilty and sentence then should have been entered
Commonwealth v. Ragoli