
    Commonwealth v. Davis, Appellant.
    
      Submitted March 28, 1974.
    Before Watkins, P. J., Jacobs, Hoffman, Cercone, Price, Van der Voort, and Spaeth, JJ.
    
      John W. Packet, Assistant Defender, and Vincent J. Ziccardi, Defender, for appellant.
    
      Maxine J. Stoiland, David Richman, Monde Sendrow, and Steven H. Goldblatt, Assistant District Attorneys, Abraham J. Gafni, Deputy District Attorney, Richard A. Sprague, First Assistant District Attorney, and F. Emmett Fitzpatrick, District Attorney, for Commonwealth, appellee.
    September 23, 1974:
   Opinion

Per Curiam,

In Commonwealth v. White, 228 Pa. Superior Ct. 23, 324 A.2d 469 (1974), we held that a defendant is entitled to a relitigation of a suppression motion when be appeals from a Municipal Court conviction to the Common Pleas Court. This appeal concerns exactly the same issues and is governed by our decision. We, therefore, reverse the judgment of sentence and remand for a new trial consistent with the opinion in Commonwealth v. White, supra.

Jacobs, J., dissents.  