Legal Opinion

Commonwealth v. Brown

Pennsylvania Court of Common Pleas, Cumberland County

Decided May 8, 1974No. 98Published

1Opinion of the Court

SHUGHART, P. J.,

Defendant has filed an application for pretrial relief. There are four bases for relief alleged and they shall be treated separately.

I. Motion to strike transcript and quash indictment.

The first basis for pretrial relief is a request that the indictment be quashed because a prima facie case was not presented at the prehminary hearing. The record in the case shows that after the prehminary hearing on February 14, 1974, defendant was bound over for court and posted bond. It is well estabhshed that when a defendant has given bail for court appearance, a motion to quash the…

2Cases cited14 opinions

  1. In Re WINSHIPSupreme Court of the United States · 1970
  2. Chimel v. CaliforniaSupreme Court of the United States · 1969
  3. McKelvey v. United StatesSupreme Court of the United States · 1922
  4. United States v. Loren Robie WilsonCourt of Appeals for the Fifth Circuit · 1971
  5. Commonwealth v. MazarellaSuperior Court of Pennsylvania · 1925

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