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COMMONWEALTH v. JACKSON (12/14/61)

December 14, 1961

COMMONWEALTH
v.
JACKSON, APPELLANT.



Appeal, No. 237, April T., 1961, from judgments of Court of Common Pleas of Westmoreland County, Jan. T., 1961, Nos. 5 to 12, inclusive, and Oct. T., 1960, No. 6, in case of Commonwealth ex rel. James Jackson v. James F. Maroney, Superintendent. Appeal quashed.

COUNSEL

James Jackson, appellant, in propria persona.

John K. Best, Assistant District Attorney, and Richard E. McCormick, District Attorney, for appellee.

Before Rhodes, P.j., Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ.

Author: Rhodes

[ 196 Pa. Super. Page 541]

OPINION BY RHODES, P.J.

In this case defendant has attempted to question nine convictions and sentences on nine indictments charging nine distinct burglaries by taking a single appeal to this Court. Furthermore, the single appeal taken was not filed within the limitation of forty-five days provided in the Act of May 19, 1897, P.L. 67, as amended, 12 PS § 1136.

On November 21, 1960, defendant pleaded not guilty to an indictment at No. 19, October Term, 1960, Court of Quarter Sessions of Westmoreland County (No. 6, October Term, 1960, Court of Oyer and Terminer), charging burglary, larceny, and receiving stolen property. He was found guilty after a trial before President Judge O'CONNELL and a jury; sentence was imposed on November 23, 1960.*fn1 On November 25, 1960, two days after sentence, a motion for new trial was filed by his counsel. The court below entered an order refusing a new trial on May 6, 1961. Defendant's appeal to this Court was taken, and the certiorari issued on June 8, 1961.

Severance having been granted, defendant, on Febrary 14, 1961, was arraigned and pleaded not guilty to eight separate indictments, Nos. 18, 20, 21, 22, 23, 28, 29, and 30, October Term, 1960, Court of Quarter Sessions of Westmoreland County (Nos. 9, 5, 6, 10, 11, 7, 12, and 8, January Term, 1961, Court of Oyer and Terminer), charging burglary, etc., on as many distinct occasions in New Kensington, Westmoreland County.

[ 196 Pa. Super. Page 542]

He was tried before Judge KEIM and a jury, and was found guilty on the eight indictments. No post-conviction motions were filed by defendant or his attorney in any of the eight convictions. On February 16, 1961, Judge KEIM imposed separate sentences on each of the eight indictments. In a single writ of certiorari issued on June 8, 1961, defendant attempts to include appeals from all nine convictions and sentences - the one where President Judge O'CONNELL imposed sentence on November 23, 1960, and the eight separate sentences imposed by Judge KEIM on February 16, 1961. All cases were certified from the Court of Quarter Sessions of Westmoreland County to the Court of Oyer and Terminer of said county and numbered accordingly.

The appeals attempted to be taken from the eight convictions and sentences imposed by Judge KEIM are clearly invalid and are not before us. (1) Defendant cannot include several appeals from separate convictions and sentences in one writ of certiorari. Where convictions of separate and distinct crimes are had under separate indictments, separate and distinct appeals must be taken from the separate sentences imposed thereon. Com. v. Schollenberger, 17 Pa. Superior Ct. 218, 219; Com. v. Falls, 102 Pa. Superior Ct. 392, 393, 156 A. 894; Com. v. Blose, 160 Pa. Superior Ct. 165, 167, 50 A.2d 742. (2) Appeals taken after the expiration of the limitation of forty-five days applicable to appeals from the Court of Quarter Sessions and from the Court of Oyer and Terminer must be quashed as taken too late. Act of May 19, 1897, P.L. 67, as amended, 12 PS § 1136; Pittsburgh v. Ruffner, 134 Pa. Superior Ct. 192, 197, 4 A.2d 224. (3) Since no ...


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