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RAPE APPEAL (05/21/68)

decided: May 21, 1968.

RAPE APPEAL


Appeal from order of Court of Common Pleas of Butler County, Dec. T., 1967, No. 23, in re township supervisor election Forward Township.

COUNSEL

Carmen V. Marinaro, for appellant.

A. R. Cingolani, Jr., for appellee.

Bell, C. J., Musmanno, Jones, Cohen, Eagen, O'Brien and Roberts, JJ. Mr. Justice Musmanno dissents.

Author: Per Curiam

[ 430 Pa. Page 88]

The appellant-petitioner took an appeal from the order of the lower Court involving an election contest. This was error. The proper procedure was to file a petition for certiorari under Supreme Court Rule 68 1/2 within thirty days from the date of the order sought to be reviewed. No petition was filed within the thirty-day time limit. Thereafter, a petition was filed by the petitioner-appellant, Harold H. Rape, for allowance of an appeal nunc pro tunc under Rule 68 1/2. We find no merit in this petition.

Petition denied and appeal quashed.

Disposition

Appeal quashed.

19680521

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