Opinion
September 17, 1974.
October 28, 1975.
Practice — Appellate procedure — Rules of Superior Court of Pennsylvania — Failure to comply with Rules of Court — Appeal quashed.
Where an appellant's brief substantially fails to comply with the Rules of the Superior Court of Pennsylvania, the appeal will be quashed.
Before WATKINS, P.J., JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT, and SPAETH, JJ.
Appeal, No. 1104, Oct. T., 1974, from judgment of sentence of Court of Common Pleas, Trial Division, of Philadelphia, Jan. T., 1973, Nos. 879, 880, and 881, in case of Commonwealth of Pennsylvania v. George Scott. Appeal quashed.
Indictments charging defendant with rape, robbery, aggravated robbery, sodomy, carrying a concealed deadly weapon and violation of the Uniform Firearms Act. Before RIBNER, J.
Verdict of guilty of aggravated robbery, forcible rape, solicitation to commit sodomy, assault with intent to commit sodomy and sodomy and judgment of sentence entered thereon. Defendant appealed.
James J. Phelan, Jr., for appellant.
Frank X. Froncek, Deborah E. Glass, Mark Sendrow and Steven H. Goldblatt, Assistant District Attorneys, Abraham J. Gafni, Deputy District Attorney, and F. Emmett Fitzpatrick, District Attorney, for Commonwealth, appellee.
Submitted September 17, 1974.
Rule 31 of the Rules of the Superior Court of Pennsylvania provides: "Briefs and Records shall conform in all material respects with the requirements of these rules, as nearly as the circumstances of the particular case will admit, otherwise they may be suppressed, and if the defects are in appellant's Brief or Record and are substantial, the appeal may be quashed."
Here appellant's brief does not conform with the requirements of Rules 39, 42, 43 and 45 of the Rules of the Superior Court of Pennsylvania. The defects in appellant's brief are substantial, and the appeal will therefore be quashed, without prejudice, however, to such rights as appellant may have under the Post Conviction Hearing Act.
Appeal quashed.