Commonwealth v. Oliver

Opinion by

Stadteeld, J.,

Defendant was summarily convicted under the provisions of the Penal Code which deals with professional thieves, the Act of J une 24,1939, P. L. 872, Section 821. He ¡sued out a writ of certiorari and on return of the magistrate’s record filed exceptions thereto, which ¡are in effect as follows:

1. 'That the complaint failed to aver that the defendant was a professional thief.

2. Because the record shows he was not arrested in flagrante delicto but after his departure from the place of his unlawful 'activity.

In the recent case of Commonwealth v. Bey, 150 Pa. Superior Ct.…