DocketNumber: Appeal, 60
Judges: Moschzisker, Frazer, Walling, Simpson, Kephart, Sadler, Schaffer
Filed Date: 4/19/1926
Status: Precedential
Modified Date: 10/19/2024
Appellant, Angelo Cicere, was convicted of murder of the first degree, and sentence on the verdict was affirmed: Com. v. Cicere,
The Act of 1903, from which these proceedings derive their validity, provides, in section 2, that, "Upon the termination of the hearing of [the rule for a new trial], if the court of oyer and terminer shall not deem the grounds sufficient it shall thereupon discharge said rule, and the proceedings shall terminate and the judgment and sentence theretofore entered of record shall remain unaffected." The effect of this section is the same as though the legislature had said in terms, "There shall be no appeal from an order discharging such a rule for new trial": Com. v. Greason,
The appeal is dismissed, and the record remitted for the purpose of execution. *Page 298