Commonwealth v. Horner

Opinion by

Mb. Justice Mandeeino,

The appellee, Felix Wade Horner, has moved to quash an appeal by the Commonwealth which was not filed within 30 days of the lower court’s final order granting a new trial to the appellee, who had filed a PCHA petition. Appellee had been convicted of first degree murder and was serving a life sentence.

On September 30, 1971, the lower court filed an opinion and order granting a new trial. The order was dated September 30, 1971, the same day the opinion and order were filed. The order was signed by two of the three judges who heard Horner’s PCHA petition. The…