Commonwealth v. Carter

Opinion by Van der Voort, J.,

This case is before us on appeal from the action of the court below dismissing Appellant’s appeal from a summary conviction for disorderly conduct (a violation of 18 Pa. C.S. §5503). After a hearing de novo, the lower court stated on the record: “. . . this Court finds that the Appeal from Summary Conviction should be dismissed and therefore dismisses it.” As we have held repeatedly, on an appeal from the judgment of a justice of the peace in summary conviction proceedings, *403 tbe judgment of the Court of Common Pleas should be either “guilty” or “not guilty”; a judgment affirming the justice of the peace, dismissing the appeal, or sustaining the appeal, is not sufficient and will be reversed. Commonwealth v. Alton, 209 Pa. Superior Ct. 168 , 224 A.2d 792 (1966); Commonwealth v. Young, 184 Pa. Superior Ct. 658 , 135 A.2d 774 (1957); Commonwealth v. Miller, 173 Pa. Superior Ct. 168 , 96 A.2d 153 (1953). Even though a finding of guilt is implicit in the lower court’s opinion, nowhere in the record of the case before us do we discern a specific finding of “guilty” or “not guilty”; therefore, we reverse the order of the court below and remit the record with direction to hear the case and enter such judgment as the law and evidence require.

Order reversed with a procedendo.