84 Pa. Super. 246 | Pa. Super. Ct. | 1924
Submitted October 10, 1924. An information was made before the burgess of Manorville Borough, charging the appellant with violation of the provisions of a borough ordinance, upon which he was arrested. A hearing before the burgess followed and after testimony taken the appellant was summarily convicted of the offense with which he was charged and sentenced to pay a fine. The defendant promptly filed in the court of quarter sessions a petition praying for the allowance of an appeal from the judgment of the burgess to the court of quarter sessions, as provided by the Constitution and statutes of the State of Pennsylvania. The court, being of opinion that cause for the allowance of an appeal had been shown, made an order allowing the appeal and the same was then filed in the said court of quarter sessions. It is apparent enough to us, from an examination of the record, that the appeal was not inadvertently allowed. No jurisdictional question was involved and the petition for the appeal presented questions for the determination of the court that might well move the court to make the order prayed for. There was no allegation that the order had been obtained by any fraud or misrepresentation. The appeal was, therefore, properly lodged in the court of quarter sessions and could be disposed of only in the manner contemplated by the constitutional provision on the subject and the Act of 1876 passed in pursuance of that provision. The court, after a hearing, entered the following order: "And now, August 6, 1924, the appeal is dismissed at the cost of appellant."
In cases of summary conviction the court of quarter sessions has discretionary power to allow or refuse an appeal. But if the appeal has been duly allowed, and has not been dismissed upon legal cause shown, the parties are entitled to a hearing upon such relevant and *249
material evidence pertaining to the charge as they produce, and having submitted their evidence they are entitled to the distinct judgment of the court based upon the facts established by the evidence, and the law applicable to the facts: Com. v. Levine,
The judgment is reversed and the record is remitted to the court below with direction to hear the case and enter such judgment as the law and evidence require.