Com. v. Hill

Decision Date22 January 1982
Citation497 Pa. 230,439 A.2d 1153
PartiesCOMMONWEALTH of Pennsylvania, Appellant, v. Love C. HILL.
CourtPennsylvania Supreme Court

Robert F. Banks, Asst. Dist. Atty., for appellant in No. 286 and for appellee in No. 307.

Kenneth A. Osokow, for appellant in No. 286.

Kevin H. Way, Asst. Public Defender, for appellant in No. 307 and for appellee in No. 286.

Before O'BRIEN, C. J., and ROBERTS, NIX, LARSEN, FLAHERTY, KAUFFMAN and WILKINSON, JJ.

OPINION OF THE COURT

PER CURIAM.

The appeal of the Commonwealth at No. 286 January Term, 1979, is quashed, as we do not believe the order suppressing the weapon substantially impairs the Commonwealth's case. Commonwealth v. Bosurgi, 411 Pa. 56, 190 A.2d 304 (1963). Furthermore, despite the trial court's certification, we refuse to accept the interlocutory appeal of the accused and we thus dismiss the appeal at No. 307 January Term, 1979.

KAUFFMAN and WILKINSON, JJ., did not participate in the decision of this case.

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5 cases
  • Commonwealth v. Lapia
    • United States
    • Pennsylvania Superior Court
    • February 4, 1983
    ...the order suppressing the weapon impairs the Commonwealth's case. Commonwealth v. Bosurgi, 411 Pa. 56, 190 A.2d 304 (1963)." Id. at ---, 439 A.2d at 1153. This makes plain that, contrary to Trefry and Deren, we are not required to accept an appeal without questioning its propriety. Instead,......
  • Com. v. Lapia
    • United States
    • Pennsylvania Superior Court
    • April 12, 1983
    ...and Commonwealth v. Deren, supra, must be overruled, if, indeed, they have not already been overruled sub silentio. Commonwealth v. Hill, 497 Pa. 230, 439 A.2d 1153 (1982). There, the Supreme Court quashed the Commonwealth's appeal from an order suppressing evidence. Said the Court, per cur......
  • Com. v. Slaton
    • United States
    • Pennsylvania Superior Court
    • March 31, 1989
    ...(1983) 8 when Dugger was initially decided by the Superior Court. The Superior Court opinion in that case held that Commonwealth v. Hill, 497 Pa. 230, 439 A.2d 1153 (1982), sub silentio, overruled the holding of Commonwealth v. Bosurgi, 411 Pa. 56, 190 A.2d 304 (1963). In Hill, the Supreme ......
  • Johnson v. Beane
    • United States
    • Pennsylvania Superior Court
    • December 4, 1992
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