Commonwealth v. Moore

Concurring and Dissenting Opinion by

Spaeth, J.:

Under the Act of October 17, 1969, P. L. 259, §18, as amended by the Act of July 14, 1971, P. L. 224, No. 45, §1, 17 P.S. §711.18, a defendant is not entitled to a jury trial in the Municipal Court; however, if convicted by the Municipal Court Judge, he may appeal to the Court of Common Pleas Avhere he will receive a trial *64de novo, which, if he chooses, may be a trial by jury. No doubt some defendants will be deterred from appealing and thereby from exercising their right to a jury trial if the Common Pleas judge can, without articulating any…