Commonwealth v. MacKley

Opinion by

Me. Justice Ci-iidsey,

The question here presented is: Does the 45-day period allowed for an appeal from a sentence imposed by a court of quarter sessions begin to run anew if the court corrects an excessive sentence after term time?

Appellant-defendant was convicted on November 25, 1953 on two bills of indictment charging him with being concerned in the managing, conducting or carrying on of a lottery in violation of the Act of June 24, 1939, P. L. 872, §601, 18 PS §4601. Following argument on motions for a new trial and in arrest of judgment which were denied, the trial judge on the…