Commonwealth v. Yocum

Citations

• 29 Pa. Super. 428
• 1905 Pa. Super. LEXIS 349

Syllabus

<p>Appeals — Summary conviction — Discretion of court — Failure to print petition.</p> <p>Neither section 14 of article V, of the constitution of Pennsylvania, nor the Act of April 17, 1876, P. L. 29, gives an appeal as a matter of right, in cases of summary conviction. This can only be had upon allowance by the court, which means upon cause shown; nor is the action of the court below whether granting or refusing the appeal reversible upon appeal to the appellate court, unless the record shows an abuse of discretion. This can only be determined by an inspection of the petition, and if the appellant has failed to print the petition in his paper-book, or bring it up and file it with the record, the appeal will be quashed.</p>