Commonwealth ex rel. Hewitt v. Betoff

Alessandroni, J.,

On September 21,1953, a warrant of arrest was issued by Magistrate McDevitt of the City of Philadelphia. The warrant was issued upon the sworn complaint of one Theresa J. Hewitt, charging defendant with malicious mischief, disorderly conduct and breach of peace. At the hearing before the aforementioned magistrate, defendant objected to the exercise of jurisdiction by the magistrate and moved to quash the warrant.

Over the objections of defendant, the magistrate heard the testimony and took the matter “under advisement”. Defendant attacked the jurisdiction of the magistrate on…