Commonwealth v. Mitchell

Opinion by

Baldrige, J.,

This appeal presents this question: Does a discharge of the defendant in a habeas corpus proceeding under the “two term” rule, established by section 3 of the Habeas Corpus Act of February 18, 1785, 2 Sm, L. 275, and re-enacted by section 54 of the Act of March 31, 1860, P. L. 427, 19 PS §781, prevent trial or is it a discharge from imprisonment only?

John Mitchell was arrested September 9, 1938, charged with robbery, held without bail, and seven days thereafter was indicted by the grand jury. On October 1, 1938, he was arraigned and plead “not guilty.” His case was…