Commonwealth v. Brownell

Citations

• 35 Pa. Super. 249
• 1908 Pa. Super. LEXIS 19

Syllabus

<p>Practice, Q. S. — Desertion—Record—Filing of record — Appeals.</p> <p>Where the transcript of a record of a magistrate in a desertion case is duly certified by the magistrate, and indorsed “filed,” with a date named, and the docket of the quarter sessions sets forth exactly the contents of the magistrate’s transcript, but does not state in so many words that the transcript was filed in the clerk’s office of the quarter sessions, or that the indorsement was made by the clerk of the. quarter sessions, the Superior Court, when the whole record is taken up to that court by certiorari, will dismiss as untenable the objection that the record does not show that the transcript was filed in the court below.</p> <p>Appeals — Certiorari—Evidence—Recital of facts in opinion of court below.</p> <p>The evidence given in desertion proceedings upon a hearing, and the recital of facts in the opinion filed by the court of quarter sessions in such a proceeding, cannot be considered by the Superior Court in reviewing the proceedings upon certiorari.</p>