COM. v. ZIEGLER


251 Pa.Super. 147 (1977)

380 A.2d 420

COMMONWEALTH of Pennsylvania, Appellant, v. Earl R. ZIEGLER.

Superior Court of Pennsylvania.

Decided December 2, 1977.


Attorney(s) appearing for the Case

Charles M. Guthrie, Jr., Assistant District Attorney, Reading, for Commonwealth, appellant.

Norman E. Dettra, Jr., Reading, for appellee.

Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT, and SPAETH, JJ.


CERCONE, Judge:

The instant appeal arises from the lower court's granting of appellant's demurrer to the charge of rape. The demurrer was granted because the Commonwealth had failed to establish that venue was obtained in Berks County. On appeal the Commonwealth rests its position almost exclusively on the proposition that appellant waived this objection by failing to raise it at the preliminary hearing. We disagree...

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