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COMMONWEALTH v. WRIGHT (06/11/58)

June 11, 1958

COMMONWEALTH
v.
WRIGHT, APPELLANT.



Appeal, No. 301, Oct. T., 1957, from judgment of Court of Quarter Sessions of the Peace of Philadelphia County, Oct. T., 1956, No. 1761, in case of Commonwealth v. James Wright. Judgment affirmed.

COUNSEL

Leslie P. Hill, with him E. Washington Rhodes, for appellant.

Domenick Vitullo, Assistant District Attorney, with him Juanita Kidd Stout, Assistant District Attorney, James N. Lafferty, First Assistant District Attorney, and Victor H. Blanc, District Attorney, for appellee.

Before Rhodes, P.j., Gunther, Wright, Woodside, Ervin, and Watkins, JJ. (hirt, J., absent).

Author: Gunther

[ 187 Pa. Super. Page 41]

OPINION BY GUNTHER, J.

James Wright was convicted of burglary and larceny on a bill of indictment charging burglary, larceny, and receiving stolen goods. He was found not guilty of receiving stolen goods. On another bill he was convicted of conspiracy.

He was sentenced from one to five years on May 27, 1957, and his appeal to this Court was filed on July 8, 1957, but the writ of certiorari was not filed until July 29, 1957.

The Commonwealth urges that the appeal should be quashed because the writ was not filed within the prescribed forty-five days or a reasonable time thereafter.

The Act of May 11, 1927, P.L. 972, No. 464, section 1; 12 P.S. 1136, provides in part:

"... 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 ... Appeals taken after the times herein provided for shall be quashed on motion. ..."

The Act of May 19, 1897, P.L. 67, section 2, 12 P.S. section 1134, provides that no appeal shall be considered perfected until a writ of certiorari is filed in the court below. The appeal in this case was not perfected until eighteen days after the expiration of the forty-five days period from the entry of judgment and sentence.

A number of decisions are cited in support of Commonwealth's views. In Commonwealth v. Peters, 178 Pa. Superior Ct. 82, ...


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