Commonwealth v. White

Opinion by

Hoffman, J.,

In the instant appeal, we must decide the novel question of whether a defendant, who has been convicted in a municipal court proceeding, may relitigate a pretrial motion to suppress in a de novo trial at the common pleas court level.

Appellant, David O. White, was arrested in 1971, and charged with carrying a concealed deadly weapon. On September 9, 1971, appellant was tried before the *25Honorable Charles L. Guerin, Jr., sitting as a Judge of the Municipal Court of Philadelphia.1 Prior to trial, a motion to suppress was denied, and on the basis of the production of the…