29 Pa. Super. 285 | Pa. Super. Ct. | 1905
On February 9, 1905, the defendant withdrew his pleas of not guilty to two indictments, one found at December Term, 1902, No. 162, and the other found at February Term 1905, No. 134, and pleaded guilty. On the following day the court sentenced the defendant upon both indictments to terms of imprisonment in the eastern penitentiary, the term of imprisonment in the second case to begin after the expiration of the term of the sentence in the first case. The indictments charged-separate and distinct offenses, and the judgments, although rendered at the same time, are likewise separate and distinct.
It is well settled by the decisions of the Supreme Court, as well as of our own court, that the motion to quash for this reason must prevail, in the absence of an election to have the appeal confined to one of the cases, and dismissed as to the other : Hollohan v. McLean, 1 W. N. C. 262 ; Cauley v. Pittsburg, Cincinnati & St. Louis Ry. Co., 95 Pa. 398; McCosh v. Myers, 25 Pa. Superior Ct. 61.
The appeal is quashed.