74 Pa. Super. 200 | Pa. Super. Ct. | 1920
Opinion by
The defendant was charged with disorderly street walking, and after a hearing before the municipal court was found guilty and committed to the house of correction. The proceeding having been brought since the approval of the Act of April 18, 1919, P. L. 72, the appeal brings up as a part of the record the testimony taken in the court below.
From the record thus before us, it appears that the charge against the defendant was disorderly street walking. This is in the exact language of the Act of June 17, 1915, P. L. 1017, giving the municipal court exclusive jurisdiction in all proceedings or trials on charges, relative to this offense and is sufficiently specific. The testimony adduced at the hearing was that the defendant, at about 1:15 o’clock in the morning of June 29,1919, while walking on Alder street solicited a man to enter her abode for the purpose of prostitution. This was enough
The learned counsel for the appellant has apparently misconceived the effect of the Act of April 18, 1919, supra. It provides: “That in any proceedings heretofore or hereafter had in any court of record of this Commonwealth where the testimony has been or shall be taken by witnesses, depositions, or otherwise, and where an appeal has been or shall hereafter be taken from the order, sentence, decree, or judgment, entered in said proceedings, to the Superior or Supreme Court, such testimony shall be filed in said proceedings, and the effect of said appeal shall be to remove, for the consideration of the appellate court, the testimony taken in the court from which the appeal is taken, and the same shall be reviewed by the appellate court as a part of the record, with like effect as upon an appeal from a judgment entered upon the verdict of a jury in an action at law, and the appeal so taken shall not have the effect only of a certiorari to review the regularity of the proceedings in the court below.”
Reviewing the record brought up in this case pursuant to the statute just quoted, with like effect as upon an appeal from a judgment entered upon the verdict of a jury, we find that no exception was taken in the court below to the admission of any testimony, no motion was made asking for the discharge of the defendant, no objection
The assignments of error are all overruled; the judgment is affirmed, and it is ordered that the appellant appear in the court below at such time as she may be called and be by the court committed until she has complied with the sentence imposed.