Commonwealth v. Yocum

Citations

• 37 Pa. Super. 237
• 1908 Pa. Super. LEXIS 269

Syllabus

<p>Appeals — Assignments of error — Defective assignments — Assignments embracing more than one point — Assignments not self-sustaining.</p> <p>Rule XIV is violated by an assignment of error in the following form: “The conclusions set forth in the opinion filed August 20, 1907,,, are not justified by the record and testimony offered for the consideration of the court in this case,” and then follow five distinct specifications as to which the court erred.</p> <p>Rule XIV is violated by an assignment of error in the following form: “The court erred in overruling appellant’s exceptions filed to No. 195 May Term of the Court of Common Pleas of Somerset County, Pa., in substance as follows:” Then follow as the substance of this assignment, thirty-seven distinct exceptions.</p> <p>Rule XV is violated by an assignment of error in the following form: “The court disregarded the appellant’s objections and exceptions to questions asked by the appellee at the time of taking the depositions, the answers sought in relation to which were calculated to amend their record and proceedings in essential particulars.”</p> <p>Rule XV is violated by an assignment of error in the following form: “The court took an improper view of the matters in relation to this case prior to April 12, 1906. He should have considered the various transcripts as evidence impeaching the transcript filed April 27, 1906.”</p> <p>Assignments of error are insufficient which do not quote the opinion or decree to which exception is taken, or any part of it, and do not refer to the pages at which the rulings of the court, the findings of fact or conclusions of law, to which exception is taken, may be found.</p> <p>Summary conviction — Payment of fine and costs — Jurisdiction Common pleas.</p> <p>Where the defendant in a summary conviction voluntarily pays the fine and costs, he has no standing thereafter to maintain an appeal in a court of common pleas.</p>