Commonwealth v. Marker

COFFROTH, P.J.,

This is a petition filed by defendant for writ of habeas corpus to test whether there is sufficient evidence to establish a prima facie case of arson against him and to hold him for court on bail after preliminary hearing.1 Two principal questions of law are raised: (1) Is the inquiry into the sufficiency of the evidence to establish a prima facie case confined to the evidence produced at the preliminary hearing, or is it a de novo hearing in which the Commonwealth may produce additional evidence to establish a prima facie case? (2) Is an out-of-court res gestae statement of…