Commonwealth v. Finn

McEWEN, Judge:

We here consider an appeal by the Commonwealth from an order which discharged appellee following a preliminary hearing held before a Common Pleas Court Judge. See Commonwealth ex rel. Riggins v. Superintendent of Philadelphia Prisons, 438 Pa. 160, 263 A.2d 754 (1970). The hearing court held that the Commonwealth had failed to establish a prima facie case of conspiracy to distribute controlled substances and, as a result, discharged appellant. While the distinguished Judge Clinton W. Smith has in his able opinion provided a quite persuasive rationale for his ruling, we are,…