Commonwealth v. Reinsel

Citations

• 34 Pa. Super. 265
• 1907 Pa. Super. LEXIS 123

Syllabus

<p>Appeals — Interlocutory orden — Constable’s return — Process—Quashing appeal.</p> <p>In the absence of a statute authorizing it, no appeal can be taken from a judgment or order which is not a final disposition of the matter in controversy.</p> <p>•The court of quarter sessions is not bound to issue process upon a constable’s return to bring in a person charged with violation of the liquor laws, or, in default of bail, to commit him to prison. Such action is within the discretion of the court, and a very plain case of the abuse of its discretion ought to be exhibited by the record to warrant an appeal. If the court has granted such an order, but upon mature consideration, and before indictment found, discharges the accused, the court cannot be convicted of reversible error.</p>