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COMMONWEALTH v. CZARNECKI (06/15/72)

SUPERIOR COURT OF PENNSYLVANIA


decided: June 15, 1972.

COMMONWEALTH
v.
CZARNECKI, APPELLANT

Appeal from order of Court of Common Pleas of Berks County, March T., 1966, No. 58, in case of Commonwealth of Pennsylvania v. Richard C. Czarnecki.

COUNSEL

Fred I. Noch, Public Defender, for appellant.

Grant E. Wesner, Deputy District Attorney, and Robert L. Van Hoove, District Attorney, for Commonwealth, appellee.

Wright, P. J., Watkins, Jacobs, Hoffman, Spaulding, Cercone, and Packel, JJ. Jacobs, J., concurs in the result.

Author: Per Curiam

[ 221 Pa. Super. Page 304]

Prior to indictment appellant was incarcerated in another county. He complains that he had no preliminary hearing before trial. Commonwealth v. O'Brien, 181 Pa. Superior Ct. 382, 124 A.2d 666 (1956), specifically holds that a person imprisoned in another county need not be given a preliminary hearing and may be proceeded against by use of a district attorney's bill with the approval of the court. The record reveals compliance with the proper procedure.

Order affirmed.

Disposition

Order affirmed.

19720615

© 1998 VersusLaw Inc.



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