Commonwealth v. Luckey

Citations

• 31 Pa. Super. 441
• 1906 Pa. Super. LEXIS 234

Syllabus

<p>Constitutional law — Summary convictions — Appeals—Act of April 22, 1905, P. L. 284.</p> <p>The Act of April 22, 1905, P. L. 284, entitled “An Act to amend an Act entitled ‘An Act relating to appeals in cases of summary convictions,’ approved the 17th day of April, a. d. 1876, providing for the entering of security on appeal on summary conviction,” is unconstitutional because (1) it violates article V, section 14, of the constitution, inasmuch as it deprives the appellate court from allowing or refusing an appeal in cases of summary conviction; and (2) because it violates article III, section 3, in not clearly expressing in its title the provision depriving the appellate court of its discretion in the allowance or refusal of appeals in cases of summary conviction.</p> <p>Appeals — Interlocutory order — Quashing appeal.</p> <p>Where the defendant in a summary conviction takes an appeal under the act of April 22, 1905, but subsequently petitions the court of quarter sessions for the allowance of an appeal nunc pro tunc under the Act of April 17, 1876, P.-L. 29, and this application remains undisposed'of, an appeal subsequently taken by the commonwealth, from an order refusing to strike off defendant’s appeal,'will be quashed as an interlocutory order from which no appeal lies.</p>