Commonwealth Ex Rel. Austin v. Hendrick

Opinion by

Mr. Chief Justice Bell,

Relator-appellant Austin was charged with murder. At the preliminary hearing, his counsel cross-examined the Commonwealth’s only witness and elicited the information that the witness had given written statements to the Commonwealth. Defense counsel requested the production of these statements and the hearing Judge so ordered. However, the Assistant District Attorney refused to produce the statements, and thereafter the hearing Judge, without enforcing his aforesaid Order, held relator for action of the Grand Jury.

A petition for a writ of habeas corpus was…