Commonwealth v. O'BRIEN

Opinion

Per Curiam,

This appeal was allowed from a judgment of the Superior Court affirming the order of the Court of Quarter Sessions of Montgomery County in which the appellant’s motion to quash an indictment brought against him was refused.

The appeal raises the following question: May a grand jury indict, without special permission of court, a defendant who, serving a prison sentence in another county, was not present at the preliminary hearing? The Superior Court rendered a decision on the merits reported in 181 Pa. Superior Ct. 382, 124 A. 2d 666 (1956).

It was not necessary for the…