Commonwealth v. Moore

Dissenting Opinion by

Hoffman, J.:

Appellants Grover Battle and Mary Ann Moore contend that the Common Pleas Court of Philadelphia County erred in both imposing and in threatening to impose a harsher sentence following a trial de novo than was imposed at trial before the Municipal Court.1

*69On February 10, 1972, appellant Battle was convicted in Philadelphia Municipal Court of assault and battery and resisting arrest. The Honorable Charles J. Mabgiotti ordered him to pay costs and a one hundred dollar fine and placed him on a year’s probation. Appellant Battle then appealed to the Court of Common…