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COM. v. BEATTY

284 Pa.Super. 494 (1981)

426 A.2d 155

COMMONWEALTH of Pennsylvania v. Russell D. BEATTY, Appellant.

Superior Court of Pennsylvania.

Filed February 27, 1981.

Attorney(s) appearing for the Case

Chester A. Reybitz, Bethlehem, for appellant.

J. Michael Morrissey, District Attorney, Reading, for Commonwealth, appellee.

Before PRICE, CAVANAUGH and WATKINS, JJ.

WATKINS, Judge:

In this appeal it is contended that the court below erred in failing to make a determination of guilt or innocence in a hearing de novo following an appeal from a summary conviction by the magistrate and in remanding the case back to the magistrate with instructions. We agree.

The order in question reads as follows:

"AND NOW, April 24, 1979, it appearing that under the evidence, the decision as to how much overweight the Defendant...

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