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16 Serg. & Rawle 319

Marsh v. Commonwealth

Supreme Court of Pennsylvania

Decided September 18, 1827

Supreme Court of Pennsylvania · decided 1827-09-18

IN ERROR. • The plaintiff in error, being indicted and convicted of malicious mischief in the Court of Quarter Sessions of-county, sued out this writ of error, and obtained a special allocatur before sentence was passed: for which reason Ross now moved to quash the writ.

Decided 1827-09-18

Per Curiam.

¶1In civil cases the allocatur is a matter of course, and the writ may therefore issue at any time. But, in criminal cases, the writ is allowed only on cause shown; and before sentence is passed it cannot appear that the defendant may not have redress in the court below. At all events, it is time enough to permit him to arrest the course of the criminal law, when he has shown that he has suffered actual injury.

¶2Writ quashed.

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