Commonwealth v. Shields

Opinion by

Keller, J.,

We are obliged to quash this appeal because it was taken before a nolle prosequi had actually been entered, and hence was premature. The order of the lower court contained a direction to enter a nolle prosequi in the event that certain things were done, but the record fails to show that it was ever actually entered.

To avoid further and unnecessary controversy, however, we deem it proper to say that the right of the court to enter a nolle prosequi against the protest of the district attorney, was denied by this court in Com. v. Reed, 65 Pa. Superior Ct. 91, a case…