Commonwealth v. Evans

OLSZEWSKI, Judge:

This case involves appeals, taken by the Commonwealth, from trial court orders quashing the return of transcript. These orders had the effect of dismissing, before trial, charges of criminal trespass 1 based on the court’s finding that the Commonwealth had failed to establish a prima facie case. We begin by noting that the orders appealed from are properly before this court. These cases do not involve the dismissal of complaints by an issuing authority at or before the preliminary hearing stage. Such orders are interlocutory; the Commonwealth’s sole redress is to refile the…