COMMONWEALTH v. WEINSTEIN


177 Pa.Super. 1 (1954)

Commonwealth, Appellant, v. Weinstein.

Superior Court of Pennsylvania.

November 15, 1954.


Attorney(s) appearing for the Case

Samuel Dash, Assistant District Attorney, with him Michael von Moschzisker, First Assistant District Attorney and Richardson Dilworth, District Attorney, for appellant.

David Kanner, for appellee.

Before ROSS, GUNTHER, WRIGHT, WOODSIDE and ERVIN, JJ. (RHODES, P.J. and HIRT, J., absent).


OPINION BY WOODSIDE, J., November 15, 1954:

This is an appeal by the Commonwealth from the order of the Court of Quarter Sessions of Philadelphia releasing defendant from his recognizance and discharging him without day on the ground that the Commonwealth had not established a prima facie case at the hearing before the magistrate.

The only question presented to us is whether the defendant can attack the regularity of the magistrate's hearing on that ground...

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