Commonwealth v. Hasse

Citations

• 21 Pa. Super. 291
• 1902 Pa. Super. LEXIS 353

Syllabus

<p>Appeals — Practice, Superior Court — Continuance—Defective paper-book — Omission of testimony — Criminal cases.</p> <p>Where a criminal case has been continued for several terms, and five months have elapsed between the first continuance and the time when it is peremptorily ordered for argument, and when the case is called it appears that material testimony, without which none of the assignments of error can be considered, has not been printed in the appellant’s paper-book, the court will quash the appeal. In such a case it is no excuse that the delay, and the omission of the testimony, was owing to the conduct of the stenographer, where the record does not show that the appellant took any step to compel the stenographer to do his duty.</p>