Commonwealth v. Brown

OPINION

NIX, Justice.

This appeal raises the question as to whether a probation revocation court could return a finding of probation revocation based upon the probationer’s alleged participation in a crime where the probation revocation hearing was deferred until after the trial of the criminal case which resulted in an acquittal. Both the trial court and the Superior Court answered this question in the affirmative. We granted review and we now reverse.

In April, 1976, appellant was placed on probation for a term of four years for a conspiracy conviction. At the same time appellant was sentenced…