concurring and dissenting:
While I concur in the legal analysis of the majority, which is consistent and well reasoned, I would add that I believe the trial judge should be given the freedom to correct himself when he views an obvious error in his analysis of the suppression testimony, whether or not new evidence has been presented.
Although it is conceivable we could treat the trial court’s changed view of the police officer’s testimony as new evidence, since there was some difference between his testimony at trial and that at the suppression hearing, the issue is still one of credibility. He was believed by the suppression judge as to his probable cause for arresting the defendant, and at jury trial, his testimony as to the charge was believed by the jury.
As to the determination of credibility by the jury, its findings would apply only to 'the elements necessary to prove the crime charged, and it would not be inconsistent for the lower court to find a lack of credibility on the *179suppression issue even though the jury found otherwise on the charge itself. Commonwealth ex rel. Butler v. Rundle, 429 Pa. 141, 239 A.2d 426 (1968).
During post-trial proceedings, the learned trial judge noted what he considered to be a discrepancy in the police officer’s testimony at trial, which cast doubt on his suppression testimony.1 This deviation could not be perceived by the jury, since it did not have the benefit of the suppression testimony. When a party upon whom the burden of proof rests, in either a criminal or a civil case, offers evidence *180consistent with two opposing propositions, he proves neither. Commonwealth v. Crockett, 229 Pa.Super. 80, 323 A.2d 257 (1974). I believe, despite the absolute position enunciated by Pa.R.Crim.P. 323(j) and the case law, Commonwealth v. Bonser, 215 Pa.Super. 452, 258 A.2d 675 (1969); Commonwealth v. DeMichel, 214 Pa.Super. 392, 257 A.2d 608 (1969), that while suppression matters may not be relitigated in trial, the trial judge should have the opportunity in post-trial proceedings, to correct errors that might have occurred during the suppression proceeding. Acting as a court en banc, he has that capacity in virtually any other procedural or substantive matter where error is apparent. As a trial judge, we have observed situations when there was clearly error by the suppression court, which we were powerless to correct absent new evidence, whereupon the only remedy was appeal and remand by the appellate court. This issue was faced by this Court in Commonwealth v. Griffin, 257 Pa.Super. 153, 157-158, 390 A.2d 758, 760 (1978).
In that case, the matter at issue concerned a Rule 1100 order entered by the suppression judge, denying the motion and calling the case to trial. This order was appealed and the appeal was quashed and remanded for trial. The trial judge, on appellee’s motion, called for an evidentiary hearing, and, finding a violation of Rule 1100, dismissed all charges. The dismissal was appealed by the District Attorney of Washington County, who alleged that the dismissal order was a nullity. In his Opinion, Price, J. stated:
Absent some new evidence, it is improper for a trial judge to overrule an interlocutory order by another judge of the same court in the same case. There must be some degree of finality to determinations of all pre-trial applications so that judicial economy and efficiency can be maintained. We therefore find that it was inappropriate for Judge Gladden to issue a subsequent ruling on the motions to dismiss. Having so held, we feel that in the instant case the interests of judicial economy require that we decide the Rule 1100 issue. While we emphasize our disapproval *181of the procedure herein employed, we are not prepared to adopt the Commonwealth’s position that the order of July 16, 1976, is a nullity. In this area some discretionary freedom must be allowed to the judge of the court below ... that reversing the lower court’s order and permitting the case to go to trial, especially when appellees are clearly entitled to discharge, would only serve to postpone unjustifiably this ultimate result, we do not find an abuse of that discretion.
Id., 257 Pa.Super. at 157-158, 390 A.2d at 760. (emphasis added) Also see, Commonwealth v. Cox, 276 Pa.Super. 29, 32, 419 A.2d 78, 80 (1980). (Overruled on other grounds, Commonwealth v. Lewis, 295 Pa.Super. 61, 440 A.2d 1223 (1982).) It is apparent that the lower court was correct in its analysis and this Court, with the benefit of that analysis, was able to resolve the matter without remand.
Despite his best intentions and unquestioned concern for justice and fairness, the learned trial judge had a second insurmountable obstacle to overcome, which under present law would prevent us from affirming his decision. A trial judge, in post-conviction proceedings, in keeping with the standards articulated for considering a motion in arrest of judgment, may not re-evaluate the credibility of a witness or the weight given to that witness by the jury, and it may be added, the credibility and weight afforded by the suppression judge, absent new evidence. Commonwealth v. Meadows, 471 Pa. 201, 205 n. 5, 369 A.2d 1266, 1268 n. 5, (1977); Commonwealth v. Combs, 298 Pa.Super. 527, 445 A.2d 113 (1982).
It would appear that expanding the discretion of the trial judge in this respect would improve judicial economy without sacrificing the desirable finality of determination.
I would defer to the judgment and impressions of the trial judge, since he had the opportunity to view the witnesses and sense the nuances and inflection of tone and mannerisms that are essential to a determination of credibility.
The Griffin court hinted at allowing some discretionary freedom to the court below which I would endorse in the *182present case as permitting the trial judge to reconsider his findings, on review, particularly when the standard of proof in suppression matters is a preponderance of the evidence, while the standard in a trial on the merits is proof of all elements of the crime beyond a reasonable doubt. Commonwealth v. Ohle, 291 Pa.Super. 110, 485 A.2d 592 (1981); Commonwealth ex rel. Butler v. Rundle, supra; Jackson v. Denno, 378 U.S. 368, 84 S.Ct. 1774, 12 L.Ed.2d 908 (1964).
Even though the evidence may not be new, if evidence is more vague or contradictory at trial or the suppression evidence misinterpreted so as to cause a trial judge, particularly one who was also the suppression judge, to conclude error was made in granting the suppression motion, judicial economy should require this determination at that time rather than having it decided on appeal. It has long been the law of Pennsylvania that counsel should raise in post verdict motions any issue which has a reasonable possibility of success on appeal, although he is not required to raise issues which are clearly without merit. Commonwealth v. Learn, 233 Pa.Super. 288, 335 A.2d 417 (1975).
When the evidence on suppression need only meet a preponderance of evidence standard, which means that it is more probable than not to be true, there will be cases where a slight deviance in testimony or evidence at trial can have a significant effect on credibility. If, under these circumstances, despite a reading of the testimony in the light most favorable to the Commonwealth, Commonwealth v. Johnson, 228 Pa.Super. 364, 323 A.2d 295 (1974); Commonwealth v. Valderrama, 479 Pa. 500, 388 A.2d 1042 (1978), a determination is made that error was committed, the court should grant a new trial in the interest of justice. Commonwealth v. Pinno, 433 Pa. 1, 248 A.2d 26 (1968). Commonwealth v. Williams, 229 Pa.Super. 390, 396, 323 A.2d 862 (1974).
On review, this Court is increasingly finding that the concept of finality of determination results in cases coming before the court on appeal, which could have been or were effectively resolved in the court below, but were in technical *183violation of the procedural rules or existing appellate case law. This is such a case.
It would appear that judicial economy and efficiency would be better served by permitting the trial court to review these matters on post trial motions. It is in a better position to do so and the doctrine of finality of determination is served by having a record even more complete, and this Court would not have to engage in the fiction of finding procedural error while affirming the trial court on the decision it would be required to make on remand.
For these reasons I would affirm the judgment of the court below.
. The interpretation I would place on the trial court's basis for a change in his view of the suppression testimony is that he believed (in error) at the time of the suppression hearing that the police officer viewed the defendant’s behavior from the porch after being invited to come to the porch.
Based on pages 15A and 22A of the record, the suppression court made these two findings of fact:
(4) At the insistence of Patrolman Hoover, Mrs. Monarch agreed to see what she could do in order to give Patrolman Hoover a chance to speak with defendant. Hoover followed Mrs. Monarch as she walked toward defendant’s home. At the very least, Patrolman Hoover had Mrs. Monarch’s permission to stand on the defendant’s porch.
(5) From the porch, Patrolman Hoover could see defendant standing in his living room. The defendant appeared intoxicated. Patrolman Hoover entered the Monarch home and arrested the defendant for driving while intoxicated. Patrolman Hoover did not have a warrant for defendant’s arrest. Shortly thereafter, Patrolman Hoover was joined by Captain Baker.
From these findings of fact, the suppression court made this conclusion of law:
(1) Since Patrolman Hoover was on the defendant’s porch with Mrs. Monarch’s permission, everything he observed prior to defendant’s arrest shall not be suppressed.
At trial (pages 72-73), the testimony of Hoover supports the fact that he made his crucial observation of defendant’s insobriety after entry of the house. The trial (suppression) judge, therefore, never ruled on the issue of unlawful entry, although he had the opportunity to do so at the suppression hearing. At the post trial stage, he recognized his error on the facts, and after reviewing both the suppression and the trial record, concluded the evidence could not support the conclusion that the view was made from the porch. Since there could not be a view from the porch, the trial judge was for the first time required to decide on post trial motions whether there was a right of entry. This was purely a question of credibility which is exclusively within the trial court’s domain. He believed the defendant’s wife rather than the police officer and, therefore, arrested judgment and granted a new trial.