Commonwealth v. Jung

POPOVICH, Judge:

This is an appeal by appellant, the Commonwealth of Pennsylvania, from an order entered in the Montgomery County Court of Common Pleas discharging the defendantappellee, Keith Jung. We quash.

The unusual issue here is unprecedented in this Commonwealth and concerns whether the proceeding below was a suppression hearing or a trial.

On February 6, 1986, appellee was tried before the Honorable Laurence A. Brown and found not guilty of assault *440charges of his girlfriend, Naomi Ghen. During the course of the trial, a taped telephone conversation, recorded by appellee between Ms. Ghen…