Commonwealth v. Colbert

DISSENTING OPINION

MONROE, J.,

February 8, 1972.

I dissent.

“In electing to proceed by appeal, rather than by certiorari, defendant has waived all formal defects in the proceedings before the justice of the peace: Commonwealth v. Palms, 141 Pa. Superior Ct. 430 (1940); Commonwealth v. Burall, 146 Pa. Superior Ct. 525 (1941); Commonwealth v. Trufley, 170 Pa. *425Superior Ct. 200 (1952). Of course, lack of jurisdiction is not waived and could not be raised on appeal”: Commonwealth v. Delikat, 12 Bucks L. Rep. 306 (1961); Commonwealth v. McCloskey, 18 Bucks L. Rep. 511 (1968); Commonwealth v. Davidson,…