Commmonwealth ex rel. Tiller v. Dye

Opinion by

Rhodes, P. J.,

Relator, on May 14, 1954, presented a petition for writ of habeas corpus to the Court of Common Pleas *390of Allegheny County. He alleged therein that he was confined in the Allegheny County Jail on a charge of attempted burglary,1 and that such detention was illegal as no prima facie case was made out at the preliminary hearing before the magistrate. A hearing was held before Judge Thompson on relator’s petition. At the hearing relator was present with counsel. It was held that the evidence presented at the preliminary hearing, uncontradicted, was sufficient to warrant…