78 Pa. Super. 345 | Pa. Super. Ct. | 1922
Opinion by
Upon an information being duly lodged before a magistrate, charging the appellant with a violation of the provisions of a borough ordinance, he was arrested. A hearing before the magistrate followed and after much testimony had been taken, the appellant was summarily convicted of the offense with which he was charged, the ordinance having provided for such conviction. He wag sentenced to pay a fine of twenty-five dollars and the costs of prosecution and, in default of such payment, to undergo an imprisonment in the county jail. On the day following the conviction and sentence, he filed in the court of quarter sessions, a petition praying for the allowance of an appeal from the judgment of the magistrate to the court of quarter sessions, as provided by the Constitution and the laws of the State of Pennsylvania. The petition, upon its face, disclosed a number of important questions of law and fact which the defendant desired to have tried and determined by the court of quarter sessions. The court, being of opinion that cause for the allowance of an appeal had been shown, made the order allowing the appeal, and the same was then filed in the said court of quarter sessions. The situation that resulted from the allowance and filing of the appeal in the court of quarter sessions, is thus stated in Com. v. Congdon, 74 Pa. Superior Ct. 286: “When the appeal has been allowed the charge or cause of action remains the same, but the proceedings to de
The judgment is reversed and the record is remitted to the court below, with direction to hear the case and to enter such judgment as the law and the evidence require.