Commonwealth v. Rizzo

LEVIN, J.,

— Defendant, having been tried and convicted of a violation of the Act of June 24, 1939, P.L. 872, as amended, 18 PS §4528, pertaining to exhibition of an obscene motion picture, by the Honorable Richard B. Klein, sitting in the Philadelphia Municipal Court, filed a timely appeal for a trial de novo in common pleas court. Before making a determination of the legality of the seizure of the film in question, we must determine whether this court is empowered to rehear a pretrial motion previously ruled upon by a common pleas judge sitting in the capacity and jurisdiction of a municipal…