Commonwealth v. Miner

Opinion by

Rhodes, P. J.,

The defendant filed, in the Court of Quarter Sessions of Franklin County, a petition captioned “Petition for Writ of Error” and dated February 17, 1961. The court below, although stating that the appeal time had long since expired, discussed the merits of defendant’s contentions and dismissed the petition.

All petitions for Writ of Error are now taken by means of an appeal. Act of May 9, 1889, P. L. 158, §1, 12 PS §1131. However, if defendant’s Writ of Error is directed against the original sentence, as an appeal therefrom almost twenty years from the date of sentence,…