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Commonwealth v. Eckel

Superior Court of Pennsylvania
Dec 9, 1958
146 A.2d 750 (Pa. Super. Ct. 1958)

Opinion

November 13, 1958.

December 9, 1958.

Appeals — Statement of questions involved — Rule 34 of Superior Court — Mandatory provisions.

In this case, appeals by defendant from the judgments of sentence of the court below were quashed for violation of the mandatory provisions of Rule 34 of the Superior Court (which pertains to the statement of questions involved).

Before RHODES, P.J., HIRT, GUNTHER, WRIGHT, ERVIN, and WATKINS, JJ. (WOODSIDE, J., absent).

Appeals, Nos. 94 to 101, inclusive, Oct. T., 1957, from judgments of Court of Quarter Sessions of Clinton County, Jan. T., 1956, Nos. 56, 57; April T., 1956, Nos. 52, 63, 57, 59, 53, 58; June T., 1956, No. 4, (April T., 1956, No. 50), in case of Commonwealth of Pennsylvania v. John P. Eckel. Appeals quashed; reargument refused January 23, 1959.

Same case in court below: 15 Pa. D. C. 2d 1.

Indictment charging defendant with perjury, extortion, misdemeanor in office, and unlawful collection agency practices. Before WILLIAMS, P.J., specially presiding.

Verdict of guilty and judgment of sentence entered thereon. Defendant appealed.

Paul N. Gardner, for appellant.

Frank P. Lawley, Jr., Deputy Attorney General, with him Thomas D. McBride, Attorney General, for appellee.


Argued November 13, 1958.


The appeals by defendant from the judgments of sentence of the Court of Quarter Sessions of Clinton County are quashed for violation of the mandatory provisions of Rule 34 of this Court, which reads as follows:

"The statement of the questions involved must state the question or questions in the briefest and most general terms, without names, dates, amounts or particulars of any kind. It should not ordinarily exceed fifteen lines, must never exceed one page, and must always be printed on the first page of the Brief, without any other matter appearing thereon. This rule is to be considered in the highest degree mandatory, admitting of no exception; ordinarily no point will be considered which is not set forth in the statement of questions involved or suggested thereby."

We may add that we find no merit in the appeals. Moreover, defendant has been granted parole and is currently serving the remainder of his parole time. The opinion of President Judge WILLIAMS, of the Twenty-ninth Judicial District, specially presiding, as reported in 15 Pa. D. . C. 2d 1, substantially answers the numerous contentions which defendant would have us review.


Summaries of

Commonwealth v. Eckel

Superior Court of Pennsylvania
Dec 9, 1958
146 A.2d 750 (Pa. Super. Ct. 1958)
Case details for

Commonwealth v. Eckel

Case Details

Full title:Commonwealth v. Eckel, Appellant

Court:Superior Court of Pennsylvania

Date published: Dec 9, 1958

Citations

146 A.2d 750 (Pa. Super. Ct. 1958)
146 A.2d 750

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