Opinion
March 11, 1946.
April 10, 1946.
Appeals — Finality of judgment — Criminal law — Sentence not imposed on indictment.
Where a defendant is indicted, tried and convicted on more than one indictment but no sentence is imposed on one of the indictments, there is no final judgment of the court as to such indictment and an appeal from conviction on such indictment will be quashed.
Before BALDRIGE, P.J., RHODES, HIRT, RENO, DITHRICH, ROSS and ARNOLD, JJ.
Appeals, Nos. 149 and 150, Oct. T., 1945, from judgments of Q.S., Phila. Co., Aug. Sessions, 1943, Nos. 340 (in Appeal No. 149), and 341 (in Appeal No. 150), in case of Commonwealth v. Jacob Feldman. Judgment affirmed in Appeal No. 149; Appeal No. 150, quashed; reargument refused April 23, 1946.
Indictments charging defendant with sodomy. Before CRUMLISH, J.
Verdict of guilty on both indictments, and judgment of sentence imposed on one. Defendant appealed.
Samuel Kagle, with him Jacob Kossman and B.D. Oliensis, for appellant. Raymond V. John, Assistant District Attorney, with him John H. Maurer, District Attorney, for appellee.
Argued March 11, 1946.
The appellant was indicted, tried and convicted on two indictments, Nos. 340 and 341, August Sessions, 1943, charging sodomy. Sentence was imposed only on No. 340.
After a careful consideration of the testimony and the earnest argument of appellant's counsel, we are all satisfied that the evidence is sufficient to sustain the conviction and that the court below committed no error in its refusal of new trials.
Appeal No. 150, October Term, 1945, is quashed as no sentence was imposed on indictment No. 341, August Sessions, 1943, and hence there was no final judgment of the Court. See Commonwealth v. Sharpe, 138 Pa. Super. 577, 580, 10 A.2d 783.
The assignments of error are overruled, and the judgment of the court below at No. 340 August Sessions, 1943, Appeal No. 149 October Term, 1945, is affirmed; and it is ordered that the defendant appear in the court below at such time as he may be there called and that he be committed by that court until he has complied with his sentence or any part of it which had not been performed at the time his appeals were made a supersedeas.