(dissenting):
I cannot agree with the majority of the Court that Art. 4, § 11(1) (b) imposes a limitation on the authority conferred upon the General Assembly by Art. 4, § 11(8) to confer upon this Court additional appellate jurisdiction in criminal matters. I point out that Art. 4, § 11(1) (b) is limited in application to appeals by the accused. 10 Del.C. Ch. 99, enacted pursuant to Art. 4, § 11(8), however, is not concerned with appeals by the accused but only with appeals by the State. The two are completely unrelated. As such I think neither acts as a limitation on the other.
If it be argued that 10 Del.C. Ch. 99 denies an accused a similar right of appeal granted the State, i. e. the right of review of pre-trial motions to suppress evidence, I agree with the statement of Commonwealth v. Bosurgi, 411 Pa. 56, 190 A.2d 304 (1963).
In my judgment the majority has held unconstitutional a portion of 10 Del.C. Ch. 99 by reason of an unrelated and irrelevant other provision of the Constitution. I agree that constitutional provisions should be construed to harmonize if possible, but in the appeal before us there is no necessity to harmonize because Art. 4, § 11(1) (b) and Art. 4, § 11(8) are unrelated.
I would refuse to dismiss the appeal.