Commonwealth v. Smith

LIEBERMAN, J.,

This matter came before the court pursuant to defendant’s petition for writ of habeas corpus. A preliminary hearing was held on June 18, 1984 after which defendant was bound over for trial on charges of driving under influence of alcohol or contolled substance of the Pennsylvania Vehicle Code, §3731(a)(1), (4). Subsequently, defendant petitioned this court for writ of habeas corpus and a hearing was scheduled July 3, 1984. The Commonwealth and defendant have stipulated that the stenographer’s transcript of the preliminary hearing is the evidence upon which the legal sufficiency…