Commonwealth v. Bushong

Clay, Commissioner-

-Affirming.

This is an appeal by the Commonwealth from an order denying it a change of venue in a criminal case. Appellee has filed a motion to dismiss the appeal on the grounds: (1) the bill of exceptions containing testimony heard on the “petition” for a change of venue was not filed with the trial Court in time; and (2) this Court cannot entertain an appeal from an interlocutory order.

Taking up the last question first, it is easily answered by reference to Section 335 of the Criminal Code of Practice. It provides that appeals shall only be taken on final judgments,…