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COMMONWEALTH v. WHITE

228 Pa.Super. 23 (1974)

Commonwealth v. White, Appellant.

Superior Court of Pennsylvania.

April 3, 1974.

Attorney(s) appearing for the Case

Jonathan Miller, Assistant Defender, with him Michael L. Levy, Assistant Defender, and Vincent J. Ziccardi, Defender, for appellant.

Milton M. Stein, Assistant District Attorney, with him Maxine J. Stotland, Assistant District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

Before WRIGHT, P.J., WATKINS, JACOBS, HOFFMAN, SPAULDING, CERCONE, and PACKEL, JJ.

OPINION BY HOFFMAN, J., April 3, 1974:

In the instant appeal, we must decide the novel question of whether a defendant, who has been convicted in a municipal court proceeding, may relitigate a pretrial motion to suppress in a de novo trial at the common pleas court level.

Appellant, David O. White, was arrested in 1971, and charged with carrying a concealed deadly weapon. On September 9, 1971, appellant was tried before the

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