Summary
concluding the appeal from a pre-trial order in a criminal case denying a change in venue must be quashed because it was an appeal from an nonappealable, interlocutory order
Summary of this case from Commonwealth v. MitchellOpinion
April 22, 1968.
May 21, 1968.
Appeals — Appealable orders — Interlocutory orders — Indictment for crime — Order denying change of venue — Quashing.
An order denying a motion for change of venue in a criminal case is a nonappealable interlocutory order; and in the absence of exceptional circumstances an appeal therefrom must be quashed.
Mr. Justice ROBERTS concurred in the result.
Mr. Justice JONES took no part in the consideration or decision of this case.
Before BELL, C. J., MUSMANNO, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.
Appeal, No. 293, Jan. T., 1968, from order of Court of Oyer and Terminer and General Jail Delivery of Lebanon County, Dec. T., 1965, No. 1, in case of Commonwealth of Pennsylvania v. Dennis Terry Sites. Appeal quashed.
Petition for change of venue for trial of indictment for murder.
Petition denied, order by MEYER, J. Defendant appealed.
H. Rank Bickel, Jr., with him Edward H. Miller, for appellant.
George E. Christianson, Assistant District Attorney, for Commonwealth, appellee.
Defendant was convicted by a jury in Lebanon County of murder in the first degree and the punishment was fixed at life imprisonment. On appeal to this Court, we reversed the Judgment of the lower Court and ordered a new trial on the ground that the defendant was not fully apprised of his right to counsel as prescribed by Miranda v. Arizona, 384 U.S. 436.
After remand to the lower Court, the defendant filed an application for a change of venue, alleging that the extensive publicity given his case made it impossible for him to have a fair trial in Lebanon County. On February 7, 1968, a hearing was held on his application for a change of venue, and on February 13, 1968, the lower Court issued an Order denying the application for the change of venue. From this Order defendant took this appeal.
This Court has repeatedly held that an Order denying a motion for a change of venue is, in the absence of exceptional circumstances, a nonappealable, interlocutory Order and an appeal therefrom must be quashed. In Commonwealth v. Sacarakis, 425 Pa. 439, 229 A.2d 743, this Court, quoting from Commonwealth v. Haushalter, 423 Pa. 351, 223 A.2d 726, said (page 441): " 'An interlocutory order is not appealable unless expressly made so by statute: Commonwealth v. Byrd, 421 Pa. 513, 219 A.2d 293 (1966); Commonwealth ex rel. Fisher v. Stitzel, 418 Pa. 356, 211 A.2d 457 (1965); Commonwealth v. O'Brien, 389 Pa. 109, 132 A.2d 263 (1957). Likewise, as a general rule the defendant in a criminal case may appeal only from the judgment of sentence: Commonwealth v. Pollick, 420 Pa. 61, 215 A.2d 904 (1966), and Commonwealth v. Wright, 383 Pa. 532, 119 A.2d 492 (1956). While this rule is not inflexible and will yield in cases involving certain exceptional circumstances (see, Commonwealth v. Kilgallen, 379 Pa. 315, 108 A.2d 780 (1954), and Commonwealth v. Byrd, supra), this is not such a case.' "
Italics in original Opinion.
We find no exceptional circumstances and no abuse of discretion in the present case.
Appeal quashed.
Mr. Justice ROBERTS concurs in the result.
Mr. Justice JONES took no part in the consideration or decision of this case.