COMMONWEALTH v. MACKLEY


380 Pa. 70 (1955)

Commonwealth v. Mackley, Appellant.

Supreme Court of Pennsylvania.

January 3, 1955.


Attorney(s) appearing for the Case

Thomas M. Schubert, with him Lemuel B. Schofield and David Kanner, for appellant.

Samuel Dash, First Assistant District Attorney, with him Michael von Moschzisker, First Assistant District Attorney, and Richardson Dilworth, District Attorney, for appellee.

Before STERN, C.J., STEARNE, JONES, BELL, CHIDSEY, MUSMANNO and ARNOLD, JJ.


OPINION BY MR. JUSTICE CHIDSEY, January 3, 1955:

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...

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