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Commonwealth v. Young

Commonwealth v. Young, Appellant

Commonwealth v. Young, 135 A.2d 774 (Pa. Super. Ct. 1957)
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Court
Superior Court of Pennsylvania · State Appellate Courts
Decided
November 12, 1957
Docket
Nos. , 177
Judges
Rhodes, Piirt, Gunther, Wright, Woodside, Ervin, Watkins
Citations
135 A.2d 774184 Pa. Super. 6581957 Pa. Super. LEXIS 317
Cited by 13 2 descriptions by later courts

Opinion — Ervin

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 With the record in this state, Judge Weinbott suggested to counsel for the defendant that the appeal be withdrawn and that a new trial be granted, after which an appropriate finding would be made and sentence imposed.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

How later courts describe this case

Explanatory parentheticals written by citing courts — 2 in all; the most informative distinct ones are shown.

  • (At a de novo trial from an appeal of a summary conviction, Court of Common Pleas should have made a "finding" that the defendant was guilty or not guilty and sentence then should have been entered)
    Commonwealth v. Ragoli, 524 A.2d 933 (Pa. 1987)

Cited by 13 cases

View all citing references →
1959: 11966: 11974: 21977: 11980: 11981: 11982: 31983: 11987: 11999: 119592026peak 1982 · 3

Relies on it most ⓘ

  1. Commonwealth v. Ragoli524 A.2d 933 (Pa. 1987)
  2. Commonwealth v. Alton224 A.2d 792 (Pa. Super. Ct. 1966)
  3. Commonwealth v. Koch431 A.2d 1052 (Pa. Super. Ct. 1981)
  4. Commonwealth v. Wint730 A.2d 965 (Pa. Super. Ct. 1999)
  5. Commonwealth v. Lodge No. 148 Loyal Order of Moose149 A.2d 565 (Pa. Super. Ct. 1959)
  6. Commonwealth v. Carter326 A.2d 530 (Pa. Super. Ct. 1974)

Most recent

  1. Commonwealth v. Wint730 A.2d 965 (Pa. Super. Ct. 1999)
  2. Commonwealth v. Ragoli524 A.2d 933 (Pa. 1987)
  3. Commonwealth v. Morgenthaler466 A.2d 1091 (Pa. 1983)
  4. Commonwealth v. Clyde448 A.2d 1093 (Pa. Super. Ct. 1982) · Dissent
  5. Commonwealth v. Gula446 A.2d 938 (Pa. Super. Ct. 1982)
  6. Commonwealth v. Gamarino445 A.2d 189 (Pa. Super. Ct. 1982)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Commonwealth v. Peacock, 179 A. 907 (Pa. Super. Ct. 1935) 19
Commonwealth v. Brenneman, 92 A.2d 894 (Pa. Super. Ct. 1952) 6

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