375 A.2d 128 | Pa. Super. Ct. | 1977
Appellant was tried by a judge and jury and convicted of burglary
This prosecution stems from the alleged burglary of a warehouse in Erie, Pennsylvania on September 3, 1972. A large quantity of carpet was removed from the warehouse at that time. Appellant and several others were charged with receiving stolen goods. Their trial on September 17, 1973, terminated when the lower court sustained a demurrer at the conclusion of the Commonwealth’s evidence. On December 17, 1974, appellant and his former co-defendants were charged with burglary and larceny based on the same incident of September 3, 1972.
At some point prior to trial,
“[I]t is of course true that a lower court loses jurisdiction over a case once it has received a writ of certiorari directing that the record be sent to an appellate court, Hodge v. Me-Bee Co., Inc., 429 Pa. 585, 590 n.1, 240 A.2d 818, 821 n.1 (1968) . . . .” Commonwealth v. Johnson, 431 Pa. 522, 533-34, 246 A.2d 345, 352 (1968).
The judgment of sentence of the lower court is reversed and the case is remanded for a new trial.
. 18 Pa.C.S. § 3502.
. The docket entries do not reflect the filing of this motion nor is it contained in the record before us.