Commonwealth v. Weinstein

Opinion by

Woodside, J.,

This is an appeal by the Commonwealth from the order of the Court of Quarter Sessions of Philadelphia releasing defendant from his recognizance and discharging him without day on the ground that the Commonwealth had not established a prima facie case at the hearing before the magistrate.

The only question presented to us is whether the defendant can attack the regularity of the magistrate’s hearing on that ground after he has given bail “to wait the action of the Grand Jury,” and is not in custody.

We think he cannot. He was therefore improperly discharged by the court…