Rape Appeal

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430 Pa. 87 (1968)

Rape Appeal.

Supreme Court of Pennsylvania.

Argued March 13, 1968.

May 21, 1968.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.

*88 Carmen V. Marinaro, for appellant.

A.R. Cingolani, Jr., for appellee.

OPINION PER CURIAM, May 21, 1968:

The appellant-petitioner took an appeal from the order of the lower Court involving an election contest. This was error. The proper procedure was to file a petition for certiorari under Supreme Court Rule 68½ within thirty days from the date of the order sought to be reviewed. No petition was filed within the thirty-day time limit. Thereafter, a petition was filed by the petitioner-appellant, Harold H. Rape, for allowance of an appeal nunc pro tunc under Rule 68½. We find no merit in this petition.

Petition denied and appeal quashed.

Mr. Justice MUSMANNO dissents.

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