Summary
In Hill, the Supreme Court declined to entertain an appeal by the Commonwealth, stating, "... we do not believe the order suppressing the weapon substantially impairs the Commonwealth's case."
Summary of this case from Com. v. SlatonOpinion
Argued October 23, 1981.
Decided January 22, 1982.
Appeal Nos. 286 and 307 January Term, 1979, from the Suppression Order entered by the Court of Common Pleas, Criminal, of Lycoming County, at No. 79-10, 188. Charles F. Greevy, President Judge.
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
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.