Commonwealth v. Miller

Dissenting Opinion by

Mr. Justice Roberts :

I dissent.

Despite the majority’s pronouncement to the contrary, The Surety of the Peace Statute, Act of March 31, 1860, P. L. 427, as amended, 19 P.S. §23, provides for a criminal (or at the least, a quasi-criminal) proceeding. Beyond a doubt, the likelihood of incarceration for *47those charged thereunder (particularly the indigent defendant) is as great, if not greater, than for those traditionally charged with the commission of crime. Accordingly, it is my view, that defendants charged under the Statute are entitled to the same procedural…