Commonwealth v. Runkle

Citations

• 56 Pa. Super. 131
• 1914 Pa. Super. LEXIS 57

Syllabus

<p>Appeals — Certiorari—Quarter sessions — Order dismissing desertion proceedings.</p> <p>Under the Act of May 9, 1889, P. L. 158, an appeal from a final order made by the court of quarter sessions in a prosecution for desertion instituted under the Act of April 13, 1867, P. L. 78, operates only as a common-law writ of certiorari, and on such appeal the appellate court cannot pass upon the evidence, but only upon the regularity of the proceedings as disclosed by the record. In such a case a finding that the prosecutrix was not in fact the wife of the defendant, cannot be reviewed by the appellate court.</p>