Key legal question
Whether the public-law appeal against the refusal to take evidence was admissible despite being directed against an incidental decision.
Extracted holding
The appeal was inadmissible because the challenged ruling was an incidental decision and no irreparable legal prejudice was shown.
Extracted reasoning
Under Art. 87(2) OJ, such appeals are admissible only if irreparable harm may result. A refusal to administer evidence is merely a procedural step in the criminal case, and any disadvantage can still be reviewed after a final judgment; practical burdens of continuing the proceedings are not irreparable harm.