Commonwealth v. Axe

Ross, J.,

The 14th section of article V of the Constitution of Pennsylvania says: “In all cases of summary conviction in this Commonwealth, or of judgment in suit for a penalty before a magistrate or court not of record, either party may appeal to such court of record as may be prescribed by law, upon allowance of the appellate court, or judge thereof, upon cause shown.”

*298That constitutional provision was made effective by the legislature in the passage of an Act approved April 17, 1876, P. L. 29, and an Act approved July 11, 1917, P. L. 771-2. These acts require that, before the appeal shall be…