Commonwealth v. James

Citations

• 142 Pa. 32
• 21 A. 805
• 1891 Pa. LEXIS 700

Syllabus

<p>1. No appeal lies from the final order of the Court of Quarter Sessions, on the hearing of desertion cases under the act of April 13, 1867, P. L. 78. An appeal, under the act of May 9, 1889, P. L. 158, operates only as a common-law certiorari, whereon the regularity of the proceedings, alone, may be examined.*</p> <p>2. Where the defendant in a desertion case is committed to prison, on failure to give security for Ms compliance with the final order of the court on conviction, he is not entitled, under the act of April 15, 1869, P. L. 75, to be unconditionally discharged at the expiration of three months’ imprisonment.</p>