Commonwealth Ex Rel. Burton v. Baldi

Opinion by

Cunningham, J.,

On this appeal, the jurisdiction of the Municipal Court of Philadelphia to issue a writ of habeas corpus and conduct proceedings thereunder is challenged by the Commonwealth, the appellant herein. The District Attorney contends the Municipal Court exceeded its jurisdiction in compelling, by a writ of habeas corpus, the production before it of William Burton, then confined in the county prison under a commitment based upon Ms summary conviction before a magistrate, of a criminal offense, and, after a hearing, discharging him from custody.

In approaching a solution of…