COMMONWEALTH v. ROSE


437 Pa. 30 (1970)

Commonwealth v. Rose, Appellant. Commonwealth ex rel. Magaziner, Appellant, v. Sheriff of Philadelphia County.

Supreme Court of Pennsylvania.

January 30, 1970.


Attorney(s) appearing for the Case

William T. Coleman, Jr., with him Louis E. Levinthal, Louis M. Natali, Jr., and Dilworth, Paxson, Kalish, Kohn & Levy, for appellant.

James D. Crawford, Assistant District Attorney, with him Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for appellee.

Vincent A. Cirillo, for appellant.

William T. Nicholas, Assistant District Attorney, with him Richard A. Devlin and Stewart J. Greenleaf, Assistant District Attorneys, Parker H. Wilson, First Assistant District Attorney, and Milton O. Moss, District Attorney, for Commonwealth, appellee.

Before BELL, C.J., JONES, COHEN, EAGEN, O'BRIEN, ROBERTS and POMEROY, JJ.


OPINION BY MR. JUSTICE COHEN, January 30, 1970:

These appeals raise related questions concerning the procedure a common pleas judge must follow when he is acting as a committing magistrate The facts are as follows:

Rose was tried on June 20, and 21, 1967 before a judge and jury on an indictment charging fornication and bastardy. Rose testified he could not have engaged in intercourse with the prosecutrix at the time of the alleged conception because at that...

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