Commonwealth v. McCloskey

Opinion by

Mr. Justice Roberts,

The Commonwealth here appeals from decisions by an evenly divided Superior Court1 affirming various orders of the Philadelphia Court of Common Pleas *120quashing indictments against and suppressing evidence obtained from the several defendants. This complex appeal involves numerous issues, all of which center on two problems: (1) whether a criminal proceeding can lawfully be commenced by an investigating grand jury’s presentment to an indicting grand jury without affording defendant an opportunity for a preliminary hearing; and (2) whether, or to what degree, a…