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COMMONWEALTH v. WYDO.

205 Pa.Super. 62 (1965)

Commonwealth, Appellant, v. Wydo.

Superior Court of Pennsylvania.

March 18, 1965.

Attorney(s) appearing for the Case

W. Bertram Waychoff, District Attorney, and Leon Ehrlich, Deputy Attorney General, with them Walter E. Alessandroni, Attorney General, for Commonwealth, appellant.

W. Robert Thompson, with him James H. McConomy, Gilbert J. Helwig, Walter T. McGough, and Thompson & Baily, and Reed, Smith, Shaw & McClay, for appellee.

Before ERVIN, P.J., WRIGHT, WATKINS, MONTGOMERY, JACOBS, and HOFFMAN, JJ. (FLOOD, J., absent).

OPINION PER CURIAM, March 18, 1965:

Section 4 of the Act of May 19, 1897, P.L. 67, as amended, 12 PS § 1136, provides that no appeal shall be allowed in any case from a sentence or order of any Court of Quarter Sessions or of Oyer and Terminer unless taken within 45 days from the entry of the sentence or order.

In this case the court entered an order sustaining defendant's demurrer to the evidence which reads as follows: "And now, June 17, 1964, the Court...

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