Commonwealth v. Watson

Dissenting Opinion by

Hoffman, J.:

Appellants were indicted for loitering and prowling. Act of June 24, 1939, P. L. 872, §418, as amended, 18 P.S. §4418.1 Assisted by counsel,2 they were tried be*500fore a judge and found guilty. Each was placed on one year’s probation.

Before the lapse of their probationary period, appellants were arrested and charged with burglary. Insufficient evidence forced the charges to be dropped. The Probation Department, however, was notified of appellants’ arrest and lodged a detainer against them for violation of probation.

A hearing was held at which only a probation…