Commonwealth v. Burkett

POPOVICH, Judge:

This is an appeal from an order denying a Motion to Quash 1 filed by the appellant, Wayne Paul Burkett. We quash.

The facts in this case begin with the appellant being charged with making a false statement under oath while testifying at the trial of Commonwealth v. John Verilla, No. 0576-1983 (C.P. Cambria).

A preliminary hearing was conducted and resulted in the appellant, following a district justice finding that the prosecution had presented a prima facie case, being bound over for court. In the interim, the appellant was re-committed to the Blair County Prison to serve the…