Commonwealth v. Fedulla

Opinion by

Porter, P. J.,

The defendant appeals from his conviction in the court below upon an indictment charging the unlawful possession of intoxicating liquor for beverage purposes. The transcript returned by the justice dis closed that the defendant had, after a hearing, on May 19, 1925, given bail for his appearance at the Court of Quarter Sessions to answer the charge. The indictment upon which he was tried was not found by the Grand Jury until September 23, 1925. It thus appeared that there was 'ample time, before indictment found, for the defendant to challenge the legality of his…