Commonwealth v. Shields

Superior Court of Pennsylvania
Commonwealth v. Shields, 91 Pa. Super. 484 (1927)
1927 Pa. Super. LEXIS 218
Porter, Henderson, Trexler, Keller, Lcnn, Gawthrop, Cunningham

Commonwealth v. Shields

Opinion of the Court

Opinion by

Keller, J.,

The defendant Shields appeals from an order striking off a nolle prosequi entered by direction of the Court of Quarter Sessions after an appeal had been taken by the Commonwealth from the order directing its entry. See Com. v. Shields, 89 Pa. Superior Ct. *485 266. The appeal must he quashed as the order appealed from is interlocutory. The effect of such an order is very much like that ensuing on an order striking off judgment of non-suit in civil actions, which has been held not to be reviewable as error: Szmigel v. Director General, 266 Pa. 573; Heilman v. McKinstry, 18 Pa. Superior Ct. 70.

An appeal will not lie from the order complained of until a final judgment has been entered in the case: Com. v. Weber, 63 Pa. Superior Ct. 75.

Appeal quashed.

Reference

Full Case Name
Commonwealth of Pennsylvania v. Shields Et Al., Appellants
Cited By
2 cases
Status
Published