Commonwealth v. Kern

With all due respect, I must reject the majority’s application of Commonwealth v. Bolden, 472 Pa. 602, 373 A.2d 90 (1977), as both untenable and unwise. I would instead hold that the February 27, 1980 order was interlocutory and must, therefore, be quashed. See Commonwealth v. Ravert, 286 Pa.Super. 46, 428 A.2d 231 (1981) (denial of appellant’s motion to quash indictment at end of Commonwealth’s case at preliminary hearing interlocutory and not appealable).

A brief reiteration of the procedural history will illustrate the inappropriateness of the present appeal at this juncture. Appellant…