Commonwealth v. Georgiana

FEIGUS, J.,

This case is before the court en banc upon defendant’s motion to quash an appeal of the Commonwealth (Department of Agriculture) from the dismissal of a summary offense involving improper quality of potatoes. The hearing was held on November 30, 1973, and the Commonwealth took its appeal on December 12,1973.

Prior to the 1968 amendments to the Judiciary *308Article of the State Constitution, both the Commonwealth and defendant were granted the right of appeal, upon allowance, in the case of summary offenses under the provisions of article V, sec. 14, of the Constitution of 1874, and the…