Commonwealth v. Columbia Investment Corp.

Dissenting Opinion by

Montgomery, J.:

I respectfully dissent from the majority’s action in affirming the quashing of the indictments in this case.

The lower court, speaking through Hon. Theodore B. Smith, Jr., Judge, in an exhaustive opinion gave four reasons for its action in quashing the indictments, i.e., (1) the failure of the Commonwealth to have the defendants previously arrested and given a preliminary hearing before their indictment; (2) the denial to defendants of their Sixth Amendment rights to the assistance of counsel; (3) in compelling the individual defendants to appear and testify…