Pittsburgh v. Pierce
Pittsburgh v. Pierce
Opinion of the Court
Opinion by
Tfie appellant was adjudged guilty, by a police magistrate of tfie Oi'ty of Pittsburgh, of violation of a city ordinance, wfiicfi tfie city by an act of assembly was expressly authorized to ordain, was fined five dollars, wfiicfi fine fie paid, under protest. After having paid fiis fine fie presented fiis petition to tfie County Court of Allegheny County praying for an appeal and a hearing de novo, wfiicfi appeal tfie court below allowed. Tfie county court adjudged tfie defendant not guilty and discharged him. Tfie defendant, this appellant, did not seem to be satisfied witfi tfie grounds upon wfiicfi tfie county court had adjudged him not guilty and, on May 1, 1916, presented fiis petition to tfie court setting forth that, on March 10, 1916, fiis case had been heard before Judge Kennedy, of tfie county court, who' after hearing tfie evidence, dismissed him, stating that fie was not a suspicious person. That Judge Kennedy had subsequently ashed counsel for briefs and a reargument and that tfie case fiad been reargued before Judge Kennedy and Judge McKenna and “that on April 13,1916, Judge Kennedy filed an opinion wfierein fie refused to reverse fiis oral decision at tfie fiearing,” but in wfiicfi fie field as matter of law tfiat tfie question as to wfietfier tfie defendant was a suspicious person was to be determined by tfie circumstances as they appeared at tfie time of tfie arrest by tfie officer, and not upon tfie facts as they appeared at tfie time of tfie fiearing. Tfie petition further
We have thus fully stated the facts disclosed by the record in this case in order to make clearly appear a practice which is not to be encouraged. We have after mature reflection been unable to find any ground upon which there was any justification for this appeal. The Commonwealth has constituted its appellate courts for the purpose of rectifying the wrongs of “parties aggrieved ” by the decisions of the courts of original jurisdiction. It is no part of the functions of the courts to decide academic questions. There can be no doubt that we are in this case asked to decide an academic question and the appeal must for that reason be quashed.
The jurisdiction of the Superior Court is purely statutory. The statutes allow appeals to this court from all proceedings in the Court of Quarter Sessions of the peace, from decisions of the courts of oyer and terminer and general jail delivery in all cases except felonious homicide, from decisions in certain proceedings in the Courts of Common Pleas and Orphans’ Courts, and from orders of the Public Service Commission. The statutes which confer the jurisdiction, in criminal matters, limit it to appeals from particular courts and do not extend it to all criminal cases without regard to the courts from which the appeals come. There is nothing in the legislation relating to the County Court of Allegheny County, which vests the Superior Court with jurisdiction to hear appeals coming directly from the court first named in cases of the character here presented. The party who invokes the jurisdiction of the Superior Court must show statutory authority for so doing: Commonwealth v. Atlantic Refining Co., 67 Pa. Superior Ct. 551. The Supreme Court is vested with the powers of the King’s Bench in criminal cases and has general supervisory power over such proceedings, which it exercises with ex
The appeal is quashed.
Reference
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- Appeals — Academic question — Summary conviction — Suspicious person — Quashing appeal. An appeal which presents merely an academic question will be quashed. Where a person is summarily convicted by a police magistrate in Allegheny County of being a suspicious person, and pays a fine under protest, but thereafter the County Court on appeal, although adjudging the defendant not to be a suspicious person, holds as a matter of law that the question as to whether he was a suspicious person was to be determined by the circumstances as they appeared at the time of the arrest, and not upon facts as they appeared at the time of the hearing, and subsequently the court enters an order, obviously pro forma for purposes of an appeal, adjudging the defendant guilty, and imposing a fine upon him, an appeal from such order will be quashed, inasmuch as its only purpose is to have the appellate court decide academically the question of law referred to by the court below. Appeals — Gounty Court of Allegheny County — Certiorari—Summary conviction — Quashing appeal — Certification to Supreme Court. There is nothing in the legislation relative to the County Court of Allegheny County which vests the Superior Court with jurisdiction to hear an appeal from a judgment of the County Court acquitting and discharging a defendant who had been summarily convicted before a magistrate. The statutes permitting exceptions in criminal cases do not apply to summary convictions. They are reviewed upon certiorari which brings up only the record of which the evidence is no part. Where such a record is brought up by certiorari to the Superior Court, that court is without authority to certify the case to the Supreme Court.