Commonwealth Ex Rel. Levine v. Fair

Dissenting Opinion by

Mr. Chiee Justice Jones :

I would affirm the order of the Superior Court.

Whether a writ of habeas corpus can be availed of, in certain extraordinary circumstances, to nullify or set aside (prior to a preliminary hearing) the arrest of an accused made pursuant to a valid warrant issued upon a sufficient information before a justice of the peace, alderman or magistrate, seems to me presently unnecessary to consider or decide. I therefore purposely refrain from expressing any opinion in such regard. Nor, by dissenting, am I to be considered as condoning either the motives or…