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COM. v. SHAFFER

384 Pa.Super. 182 (1989)

557 A.2d 1106

COMMONWEALTH of Pennsylvania, Appellant, v. Tracy B. SHAFFER, Appellee.

Supreme Court of Pennsylvania.

Filed May 3, 1989.

Attorney(s) appearing for the Case

Keith A. Pesto, Assistant District Attorney, Hollidaysburg, for Com., appellant.

A. Thomas Farrell, Assistant Public Defender, Altoona, for appellee.

Before WIEAND, DEL SOLE and MELINSON, JJ.

PER CURIAM:

In this criminal action, the trial court used a motion to quash the information as a mechanism for entering a finding that the accused was not guilty and dismissing the prosecution. This was error. Therefore, we reverse and remand for further proceedings.

A motion to quash is an appropriate means for raising defects apparent on the face of the information or other defects which would prevent prosecution. Commonwealth v. Moser,

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