
    [Pittsburg,
    September 18, 1827.]
    MARSH against The COMMONWEALTH.
    IN ERROR.
    In a criminal case, the writ of error quashed because the allocatur was obtained, and the writ issued, before sentence passed,
    • 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.
   Per Curiam.

In 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.

Writ quashed.  