Commonwealth v. Cicere

Per Curiam,

Appellant, Angelo Cicere, was convicted of murder of the first degree, and sentence on the verdict was affirmed: Com. v. Cicere, 282 Pa. 492. On petition of defendant alleging after-discovered evidence, we issued an order to the Court of Oyer and Terminer of Westmoreland County to grant a rule for new trial nunc pro tunc, under the Act of April 22, 1903, P. L. 245. The rule was allowed, but, after hearing, was dismissed and new trial refused; this appeal followed.

The Act of 1903, from which these proceedings derive their validity, provides, in section 2, that, “Upon the termination…