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COMMONWEALTH PENNSYLVANIA v. MARK HEISER (01/20/84)

submitted: January 20, 1984.

COMMONWEALTH OF PENNSYLVANIA
v.
MARK HEISER, APPELLANT



No. 2684 Philadelphia, 1982, Appeal from the Order of the Court of Common Pleas, Luzerne County, Criminal Division, at No. 1196 of 1982.

COUNSEL

John J. Thomas, Assistant Public Defender, Wilkes-Barre, for appellant.

Joseph Giebus, Assistant District Attorney, Wilkes-Barre, for Commonwealth, appellee.

Brosky, Wieand and Hester, JJ.

Author: Brosky

[ 330 Pa. Super. Page 71]

This is an appeal from the order denying appellant bail.*fn1 Appellant contends that the court below erred in denying bail because the Commonwealth failed to prove either of the alternate grounds that he had committed a capital offense or that he would not appear for trial regardless of the character or the amount of the bail. We find that the Commonwealth satisfied its burden of proof as to the former ground and, accordingly, affirm the order of the lower court.

On August 15, 1982, appellant was arrested and charged with criminal homicide in the death of one Paul Kulina. He was then remanded to Luzerne County Prison without bail.

On September 2, 1982, a preliminary hearing was held at which it was held that a prima facie case had been established. Appellant then petitioned the court below to establish

[ 330 Pa. Super. Page 72]

    bail. After a hearing, this petition was denied. This appeal followed.

Appellant contends that at the bail hearing the Commonwealth failed to establish either of the two alternative grounds for denial of bail. He first argues that the Commonwealth did not prove that he had committed a capital offense. Appellant correctly states the law that:

All prisoners shall be bailable by sufficient sureties, unless for capital offenses when the proof is evident ...


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