74 Pa. Super. 286 | Pa. Super. Ct. | 1920
The defendant was arrested upon a charge of having engaged in “an unlawful game, and a sport and diversion, upon Sunday, in violation of the Act of Assembly of April 22, 1794, 3 Smith’s Laws, 177,” and after a hearing before a magistrate was convicted and adjudged and decreed to pay the penalty by the statute provided. He thereupon presented his petition to the Court of Quarter Sessions of Philadelphia County praying for the allowance of an appeal from the judgment of the magistrate and the appeal was by the court allowed. The court, after a hearing, entered the following order: “The judgment of the magistrate is affirmed and the appeal dismissed.” The defendant appeals from that order.
The making of the order above quoted is assigned for error. There is nothing in the record which expressly shows whether this judgment was based on a mere review of the proceedings sent up by the magistrate, or upon evidence produced on a hearing in the court pursuant to the appeal. The learned judge of the court below seems to have failed to recognize the distinction between the jurisdiction exercised by the court of com
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 evidence require.