Commonwealth v. Hape

Farrell, J.,

— The transcript shows that the hearing before the magistrate was held on *198November 9, 1948, and recognizance entered into the same day by defendant for “his appearance at the next term of the court of quárter sessions”. This would have been the January sessions, 1944. But the transcript was not returned until February 15th, to April sessions, the grand jury returning the true bill on February 29th.

The motion to quash is based upon the failure of the magistrate to return the transcript to the next grand jury. This is the general rule and, while there seems to be no appellate court…