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Commonwealth Pennsylvania v. Love Harmon

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eBook details

  • Title: Commonwealth Pennsylvania v. Love Harmon
  • Author : Supreme Court of Pennsylvania
  • Release Date : January 24, 1976
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 69 KB

Description

The singular question presented in this appeal is whether the Constitution of this Commonwealth mandates that an accused who has been tried and convicted in the Municipal Court and who is entitled to a trial de novo in the Court of Common Pleas is also entitled to a relitigation of a previously determined pre-trial motion to suppress evidence. Relying upon its decision in Commonwealth v. White, 228 Pa. Super. 23, 324 A.2d 469 (1974), a majority of the members of the Superior Court ruled that General Court Regulation 72-7, promulgated by the President Judges of the Court of Common Pleas and the Municipal Court, both of Philadelphia County, was unconstitutional and reversed the judgment of sentence. Commonwealth v. Harmon, 229 Pa. Super. 326, 324 A.2d 473 (1974). We granted allocatur and for the reasons that follow we now reverse the order of the Superior Court.


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