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391 Pa. Super. 241

Commonwealth v. Kurilla

Superior Court of Pennsylvania

Decided February 28, 1990

Superior Court of Pennsylvania · decided 1990-02-28

Cited by 8 later decisions — most recently October 2017

8 state decisions

Relies on Commonwealth v. Brady · Commonwealth v. Kilgallen · Commonwealth v. Bunter

Good law ✅— No negative treatment on recordhow we know

Decided 1990-02-28

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PER CURIAM:

¶1Robert Kurilla appeals from an order denying his motion to quash a criminal information. We quash the appeal.

¶2The criminal complaint charged Kurilla with unlawful receipt of public assistance, in violation of 62 Pa.S. § 481. He was held for trial following a preliminary hearing. Pursuant to Rule 306 of the Pennsylvania Rules of Criminal Procedure, Kurilla filed a pretrial motion to quash the information, alleging that a four-year statute of limitations under the Public Welfare Code would prohibit prosecution of any conduct pre-dating four years from filing the criminal complaint. The Honorable James J. Walsh, President *243Judge, denied the motion on August 30, 1989. Kurilla seeks to appeal from that denial.

¶3The general rule in criminal cases is that a defendant may appeal only from a final judgment of sentence, and an appeal from any prior order or judgment will be quashed. The rule prohibiting interlocutory appeal is not one of unyielding flexibility. When there are special and exceptional circumstances, a defendant may appeal before his trial and conviction from the court’s refusal to quash an indictment. Commonwealth v. Kilgallen, 379 Pa. 315, 108 A.2d 780 (1954). One such exceptional circumstance is when an issue of basic human rights is involved. Commonwealth v. Bunter, 445 Pa. 413, 282 A.2d 705 (1971) (per Eagen, J., with one Justice concurring and one Justice concurring in the result.)

¶4This is not a Brady-type appeal involving a claim of violation of double jeopardy rights. Commonwealth v. Brady, 510 Pa. 336, 508 A.2d 286 (1986); Commonwealth v. Williams, 361 Pa.Super. 501, 522 A.2d 1143 (1987). We find nothing in the record of this case to support a finding that exceptional circumstances are here present, such as a possible great injustice to the defendant, an issue of basic human rights, or an issue of great importance. Commonwealth v. Reagan, 330 Pa.Super. 417, 479 A.2d 621 (1984). Accordingly, we are constrained to quash the appeal.

¶5Appeal quashed.

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