Commonwealth v. Collemacine

Opinion by

Mr. Justice O’Brien,

This is an appeal by the Commonwealth from an order of the Court of Oyer and Terminer of Philadelphia County quashing a bill of indictment. Appellee was given a preliminary hearing on July 26, 1965. At the conclusion of the hearing, he was ordered bound over without bail “to answer at the next term of the Court of Oyer and Terminer” on the charge of murder. The next term of court, i.e., the next grand jury, was in August. However, appellee’s case was presented not to that grand jury, but to the October Grand Jury, which returned an indictment on October 11, 1965.…