Commonwealth v. Evans

I concur in the majority opinion to the extent that it holds that this matter is properly before us on appeal of an interloe*353utory order. KRS 22A.020(4); Eaton v. Commonwealth, Ky., 562 S.W. 637 (1978); Commonwealth v. Cooper, 295 Ky. 247, 173 S.W.2d 128 (1943). I believe, however, that a proceeding in the nature of prohibition would be a more satisfactory method of handling this kind of situation. The delay encountered by the procedural requirements of an appeal may cause an interlocutory appeal to run afoul of KRS 22A.020(4)(a) and result either in the question becoming moot or a…