COM. v. JUNG


366 Pa.Super. 438 (1987)

531 A.2d 498

COMMONWEALTH of Pennsylvania, Appellant, v. Keith JUNG.

Supreme Court of Pennsylvania.

Filed September 24, 1987.


Attorney(s) appearing for the Case

Patricia E. Coonahan, Assistant District Attorney, Cheltenham, for Com., appellant.

William A. Davis, Assistant Public Defender, Norristown, for appellee.

Before POPOVICH, JOHNSON and HESTER, JJ.


POPOVICH, Judge:

This is an appeal by appellant, the Commonwealth of Pennsylvania, from an order entered in the Montgomery County Court of Common Pleas discharging the defendant-appellee, Keith Jung. We quash.

The unusual issue here is unprecedented in this Commonwealth and concerns whether the proceeding below was a suppression hearing or a trial.

On February 6, 1986, appellee was tried before the Honorable Laurence A. Brown and found not guilty of...

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