COMMONWEALTH v. O'BRIEN


389 Pa. 109 (1957)

Commonwealth v. O'Brien, Appellant.

Supreme Court of Pennsylvania.

May 27, 1957.


Attorney(s) appearing for the Case

W. Edward Bushong, Jr., for appellant.

Herbert C. Nelson, Assistant District Attorney, with him Edward E. DiJoseph, District Attorney, for appellee.

Before JONES, C.J., BELL, CHIDSEY, MUSMANNO, ARNOLD, JONES and COHEN, JJ.


OPINION PER CURIAM, May 27, 1957:

This appeal was allowed from a judgment of the Superior Court affirming the order of the Court of Quarter Sessions of Montgomery County in which the appellant's motion to quash an indictment brought against him was refused.

The appeal raises the following question: May a grand jury indict, without special permission of court, a defendant who, serving a prison sentence in another county, was not present at the preliminary hearing...

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