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COMMONWEALTH v. HECKATHORN (01/04/67)

SUPREME COURT OF PENNSYLVANIA


decided: January 4, 1967.

COMMONWEALTH
v.
HECKATHORN, APPELLANT

Appeal from order of Court of Oyer and Terminer of Mercer County, Dec. T., 1965, No. 39, in case of Commonwealth of Pennsylvania v. James Lyle Heckathorn.

COUNSEL

Anthony Perfilio, with him William D. Irwin, and Irwin & Perfilio, for appellant.

Joseph J. Nelson, Assistant District Attorney, with him Edward M. Bell, District Attorney, for Commonwealth, appellee.

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

Author: Eagen

[ 423 Pa. Page 626]

James Lyle Heckathorn, indicted for murder in Mercer County, appeals from an order in the court below

[ 423 Pa. Page 627]

    denying his motion for a change of venue. The order appealed from is interlocutory and not appealable. See, Commonwealth v. Haushalter, 423 Pa. 351, 223 A.2d 726 (1966).

Appellant's position that an appeal from such an order is authorized by Pa. R. Crim. P. 313 is untenable. This specifically permits an appeal by the Commonwealth or the defendant from an order changing venue, but is silent as to an appeal from an order refusing a change of venue. An interlocutory order is not appealable unless expressly made so by statute or unless very special circumstances exist which are not present here. See, Commonwealth v. Byrd, 421 Pa. 513, 219 A.2d 293 (1966).

Appeal quashed without prejudice.

Disposition

Appeal quashed.

19670104

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