289 A.2d 721
Supreme Court of Pennsylvania.January 10, 1972.
April 20, 1972.
Appeals — Criminal law — Order directing acquittal of defendant.
In a criminal law prosecution, an order directing acquittal of the defendant is unappealable.
Page 398
Argued January 10, 1972. Before JONES, C. J., EAGEN, O’BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.
Appeal, No. 349, Jan. T., 1971, from order of Court of Common Pleas, Trial Division, of Philadelphia, July T., 1969, No. 1006, in case of Commonwealth of Pennsylvania v. Jose Rios. Appeal dismissed.
Indictment charging defendant with murder. Before GUTOWICZ, J.
Directed verdict of not guilty entered. Commonwealth appealed.
Martin H. Belsky, Assistant District Attorney, with hi Milton M. Stein, Assistant District Attorney, James D. Crawford, Deputy District Attorney, Richard A. Sprague, First Assistant District Attorney, and ArKatz, and Donsky, Katz, Levin and Bashman, for appellee.
Francis X. Nolan, with him Stanley Bashman, Leon Katz, an Donsky, Katz, Levin and Bashman, for appellee.
OPINION PER CURIAM, April 20, 1972:
Appeal dismissed, having been taken from an unappealable Order, see: Commonwealth v. Haines, 410 Pa. 601, 190 A.2d 118
(1963), i.e., an Order directing acquittal of the defendant.