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COMMONWEALTH v. WYNN ET AL. (07/13/54)

July 13, 1954

COMMONWEALTH
v.
WYNN ET AL.



COUNSEL

J. Leon Rabben, Philadelphia, for appellant.

Samuel Dash, Asst. Dist. Atty., Michael von Moschzisker, First Asst. Dist. Atty., Richardson Dilworth, Dist. Atty., Philadelphia, for appellee.

Before Hirt, Acting P. J., and Ross, Gunther, Wright, Woodside and Ervin, Jj.

Author: Woodside

[ 175 Pa. Super. Page 547]

WOODSIDE, Judge.

The appeal in this case must be quashed because it was not taken within the time prescribed by law.

The appellant was sentenced September 23, 1953, in the Court of Quarter Sessions of Philadelphia on the charge of receiving stolen goods. The appeal was taken December 22, 1953 more than 45 days after the sentence.

Section 4 of the Act of May 19, 1897, P.L. 67 as last amended by the Act of May 11, 1927, P.L. 972, 12 P.S. ยง 1136 provides, inter alia, that 'No appeal shall be allowed, in any case, from a sentence or order of any court of quarter sessions or oyer and terminer, unless taken within forty-five days from the entry of the sentence or order.'

Appellant concedes that the motion to quash made by the Commonwealth must be granted unless the Act of 1927 (supra) is unconstitutional.

He challenges the constitutionality of this Act on the ground that the subject of the bill was not clearly expressed in its title as required by Article III, Section 3 of the P.S. Constitution.

The title to the Act of 1927, supra, reads as follows:

'An Act To amend section four as amended, and section twelve of an act, approved the nineteenth day of May, one thousand eight hundred and ninety-seven (Pamphlet Laws, sixty-seven), entitled 'An act regulating the practice, bail, costs, and fees on appeals to the Supreme Court and Superior Court'; fixing the time within which appeals may ...


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