Commonwealth v. Ziegler

*149CERCONE, Judge:

The instant appeal arises from the lower court’s granting of appellant’s demurrer to the charge of rape. The demurrer was granted because the Commonwealth had failed to establish that venue was obtained in Berks County. On appeal the Commonwealth rests its position almost exclusively on the proposition that appellant waived this objection by failing to raise it at the preliminary hearing. We disagree.

Principally, the Commonwealth contends that Pa.R. Crim.P., Rule 25 requires the accused to raise the question of venue at the preliminary hearing. Rule 25 provides:

“(a) Objections…