Commonwealth v. Schwer

CAVANAUGH, Judge.

This matter is presently before the court on the Commonwealth’s appeal from the order of April 22,1994 of the Court of Common Pleas of Allegheny County which granted appellee’s petition for writ of habeas corpus and discharged appellee Edward Schwer. For the reasons which follow we vacate that order and remand to the lower court for further proceedings.

Edward Schwer was charged on June 7, 1993 with driving under the influence and summary offenses. After a preliminary hearing held on July 8, 1993, District Justice Richard McCarthy dismissed the criminal complaint against Mr.…