Superior Court of Pennsylvania, 1974

Commonwealth v. Harmon

Commonwealth v. Harmon
Superior Court of Pennsylvania · Decided June 21, 1974 · Cercone, Hoffman, Jacobs, Spaeth, Spaulding, Watkins, Weight
229 Pa. Super. 326; 324 A.2d 473; 1974 Pa. Super. LEXIS 2187

Commonwealth v. Harmon

Opinion of the Court

Opinion

Per Curiam,

Appellant contends that his right to a trial de novo on appeal from the Philadelphia Municipal Court to the Court of Common Pleas includes the right to a second pre-trial suppression hearing. Our decision in Common*327wealth v. White, 228 Pa. Superior Ct. 23, 324 A.2d 469 (1974) which struck down as unconstitutional General Court Regulation No. 72-7 is dispositive of this issue.

We therefore reverse the judgment of sentence, and remand for further proceedings consistent with this opinion.

Jacobs, J., dissents.

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