Commonwealth v. Young

Superior Court of Pennsylvania

Decided November 12, 1957

Superior Court of Pennsylvania · decided 1957-11-12

Relies on 118 Pa. Super. 168 - Commonwealth v. Peacock · 172 Pa. Super. 198 - Commonwealth v. Brenneman

Good law ✅— No negative treatment on recordhow we know

Decided 1957-11-12

How this case has been cited

Cited by 19 later decisions — most recently April 1999

16 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1 Opinion by

Ervin, J.,

¶2 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 With the record in this state, Judge Weinbott suggested to counsel for the defendant that the appeal be withdrawn and that a new trial be granted, after which an appropriate finding would be made and sentence imposed.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.

¶3 Judgment reversed with a procedendo.