LAGANA v. OFFICE OF ATTY. GEN.


443 Pa.Super. 609 (1995)

662 A.2d 1127

COMMONWEALTH of Pennsylvania ex rel. Gary LAGANA, v. COMMONWEALTH of Pennsylvania OFFICE OF ATTORNEY GENERAL and District Justice Thomas Sharkey. Appeal of Commonwealth of Pennsylvania, Office of Attorney General.

Superior Court of Pennsylvania.

Filed July 27, 1995.


Attorney(s) appearing for the Case

Jerome T. Foerster, Deputy Atty. Gen., Harrisburg, for Commonwealth, appellant.

Frank W. Nocito, Kingston, for appellee.

Before WIEAND, BECK and HOFFMAN, JJ.


BECK, Judge:

In this Commonwealth appeal, we evaluate whether the Commonwealth has presented a prima facie case before a district justice in order to defeat a defendant's petition for habeas corpus relief.

The Commonwealth appeals from the order of the Court of Common Pleas granting in part appellee's petition for writ of habeas corpus. For the reasons that follow we find that the Commonwealth has set forth sufficient evidence to make out its prima...

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