Commonwealth v. Gilmore

I dissent. For years the appellate courts of this Commonwealth have been saying that an order placing a criminal defendant on probation is interlocutory and need not be appealed at the time it is entered, but may be appealed at the time a sentence of imprisonment is imposed (if such a sentence is ever imposed). In Commonwealth v. Elias, 394 Pa. 639, 642, 149 A.2d 53, 54-55 (1959), we said such an order

“is a judgment from which the defendant may appeal . . . but it is not a sentence from, which he must ap*207peal within forty-five days after its entry, on pain of losing his right to appeal from a…