Commonwealth v. Keys

SPAETH, Judge,

concurring:

I don’t agree that Commonwealth v. Brown, 264 Pa.Super. 127, 399 A.2d 699 (1979), is distinguishable: both there and in this case the error was to omit typing the number of a bill or information on the notice of appeal. In my view the appeals should be quashed on the authority of Bass v. Commonwealth, 485 Pa. 256, 401 A.2d 1133 (1979), which I regard as sub silentio overruling Brown. In Bass the Supreme Court reaffirmed the rule that “[t]he negligence of an appellant, or an appellant’s counsel, or an agent of appellant’s counsel, has not been considered a sufficient excuse for the failure to file a timely appeal.” Id., 485 Pa. at 259, 401 A.2d at 1135. Here, both appellants were negligent.