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Superior Court of Pennsylvania, 1974

Commonwealth v. Davis

Commonwealth v. Davis
Superior Court of Pennsylvania · Decided September 23, 1974 · Cercone, Hoffman, Jacobs, Price, Spaeth, Voort, Watkins
230 Pa. Super. 496; 326 A.2d 633; 1974 Pa. Super. LEXIS 2491

Commonwealth v. Davis

Opinion of the Court

Opinion

Per Curiam,

In Commonwealth v. White, 228 Pa. Superior Ct. 23, 324 A.2d 469 (1974), we held that a defendant is entitled to a relitigation of a suppression motion when *498be appeals from a Municipal Court conviction to the Common Pleas Court. This appeal concerns exactly the same issues and is governed by our decision. We, therefore, reverse the judgment of sentence and remand for a new trial consistent with the opinion in Commonwealth v. White, supra.

Jacobs, J., dissents.

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