Commonwealth v. Young
135 A.2d 774
Pa. Super. Ct.
1957
Check Treatment

Opinion by

Ervin, J.,

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 With the record in this state, Judge Weinbott suggested to counsel for the defendant that the appeal be withdrawn and that a new trial be granted, after which an appropriate finding would be made and sentence imposed.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

Judgment reversed with a procedendo.