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COMMONWEALTH v. POLLICK (01/17/66)

decided: January 17, 1966.

COMMONWEALTH
v.
POLLICK, APPELLANT



Appeal from order of Superior Court quashing appeal, April T., 1964, No. 188, from order (refusing motion to discharge defendant) of Court of Quarter Sessions of Allegheny County, Sept. T., 1963, No. 585, in case of Commonwealth of Pennsylvania v. Genevieve Pollick.

COUNSEL

James C. Evans, with him Evans, Ivory & Evans, for appellant.

Edwin J. Martin, Assistant District Attorney, with him Robert W. Duggan, District Attorney, for Commonwealth, appellee.

Bell, C. J., Musmanno, Jones, Cohen, Eagen, O'Brien and Roberts, JJ. Opinion by Mr. Justice Eagen. Mr. Justice Musmanno dissents.

Author: Eagen

[ 420 Pa. Page 62]

Genevieve Pollick was indicted for the crimes of forgery and fraudulently uttering a forged instrument. A jury trial followed on both charges. At the close of the Commonwealth's testimony, the defendant demurred to the evidence which was overruled. The defendant then rested, and filed a motion for a directed verdict which was likewise overruled. Both charges were submitted to the jury, which failed to agree upon a verdict and subsequently was discharged.

The defendant then filed a timely motion in the trial court pursuant to the Act of May 17, 1957, P. L. 149, § 1, 19 P.S. § 870, asking that she be discharged for the reason that the evidence of the Commonwealth at

[ 420 Pa. Page 63]

    trial was insufficient as a matter of law to sustain either crime. The motion was sustained as to the charge of forgery and overruled as to the charge of uttering. From this order, the defendant filed an appeal in the Superior Court which was quashed on the ground that it was interlocutory. We granted allocatur.

Is this order appealable?

It is established beyond argument that an interlocutory order is not appealable, unless expressly made so by statute: Goldstein v. Stadler, 417 Pa. 589, 208 A.2d 850 (1965); Commonwealth v. O'Brien, 389 Pa. 109, 132 A.2d 265 (1957); Sullivan v. Philadelphia, 378 Pa. 648, 107 A.2d 854 (1954); and, Petition of M. S. Quay, 189 Pa. 517, 42 A. 199 (1899).

It is likewise well established that as a general rule the defendant in a criminal case may appeal only from the judgment of sentence: Commonwealth v. Wright, 383 Pa. 532, 119 A.2d 492 (1956).*fn1 For example, a defendant may not appeal from an order overruling a demurrer to the Commonwealth's evidence: Commonwealth v. State Treasurer (No. 1), 80 Pa. Superior Ct. 315 (1923); nor from an order refusing to quash an indictment: Commonwealth v. O'Brien, supra; nor from an order denying a request to suppress evidence: Commonwealth v. Bosurgi, 411 Pa. 56, 190 A.2d 304 (1963). As stated in the early case of Marsh v. Commonwealth, 16 S. & R. 319 (1827), "[I]t is time enough to permit him to arrest the course of the criminal law, when he has ...


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