Commonwealth v. Yocum
Superior Court of Pennsylvania
Appeal, No. 38, Oct. T., 1905, by plaintiff, from order of Q. S. Huntingdon Co., Dec. T., 1904, No. 2, allowing an appeal from summary conviction in case of Commonwealth v. A. B. Yocum. Petition for an allowance of appeal from summary conviction. Before Woods, P. J. Among the matters printed in the appendix of the appellant’s paper-hook were the following: “ In the court of quarter sessions of Huntingdon county.
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Appeal, No. 38, Oct. T., 1905, by plaintiff, from order of Q. S. Huntingdon Co., Dec. T., 1904, No. 2, allowing an appeal from summary conviction in case of Commonwealth v. A. B. Yocum. Petition for an allowance of appeal from summary conviction. Before Woods, P. J. Among the matters printed in the appendix of the appellant’s paper-hook were the following: “ In the court of quarter sessions of Huntingdon county. “ In re petition of A. B. Yocum for leave to take an appeal, etc. “ Now November 15, 1904 the within petition read and considered and it appearing from the petition that injustice has…
1Opinion of the Court
Per Curiam,
Neither the 14th section of article Y. of the Constitution, nor the Act of April 17, 1876, P. L. 29, gives an appeal, as a matter of right, in cases of summary convictions. This can only be had upon allowance by the court, which means upon cause shown: Commonwealth v. Eichenberg, 140 Pa. 158; McGuire v. Shenandoah Boro., 109 Pa. 613. Nor is the action of *431the court below, whether granting or refusing the appeal, reversible upon appeal to this court, unless the record shows" an abuse of discretion. To ascertain the cause alleged, reference must be had to the petition: Commonwealth v.…
2Cases cited4 opinions
- Thompson v. PrestonSuperior Court of Pennsylvania · 1897
- Commonwealth v. EichenbergSupreme Court of Pennsylvania · 1891
- McGuire v. Borough of ShenandoahSupreme Court of Pennsylvania · 1885
- Commonwealth v. MenjouSupreme Court of Pennsylvania · 1896
3Cited by7 opinions
- Com. of Penna. v. BensonSuperior Court of Pennsylvania · 1928
- Commonwealth of Pa. v. HunterSuperior Court of Pennsylvania · 1932
- Commonwealth v. LuckeySuperior Court of Pennsylvania · 1906
- Commonwealth v. BarnesSuperior Court of Pennsylvania · 1966
- Commonwealth v. KellyCrawford County Court of Quarter Sessions · 1928
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