Commonwealth v. Harmon

OPINION OF THE COURT

NIX, Justice.

The singular question presented in this appeal is whether the Constitution of this Commonwealth mandates that an accused who has been tried and convicted in the Municipal Court and who is entitled to a trial de novo in the Court of Common Pleas is also entitled to a relitigation of a previously determined pre-trial motion to suppress evidence. Relying upon its decision in Commonwealth v. White, 228 Pa.Super. 23, 324 A.2d 469 (1974), a majority of the members of the Superior Court ruled that General Court Regulation 72-7, promulgated by the President Judges of…