Commonwealth v. Keeper of County Prison
Superior Court of Pennsylvania
Appeal, No. 15, Oct. T.,' 1912, by plaintiff, from order of Q. S. Phila. Co., remanding relator in case of Commonwealth ex rel. Jacob Melinkoff v. Keeper of County Prison. Petition for habeas corpus. The following facts were agreed upon between the parties as being the record in the case. Jacob Melinkoff, the appellant, was in a restaurant on North Eighth street, Philadelphia, Pa., on January 1, 1912, at about 9 p. m., sitting at a table.
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Appeal, No. 15, Oct. T.,' 1912, by plaintiff, from order of Q. S. Phila. Co., remanding relator in case of Commonwealth ex rel. Jacob Melinkoff v. Keeper of County Prison. Petition for habeas corpus. The following facts were agreed upon between the parties as being the record in the case. Jacob Melinkoff, the appellant, was in a restaurant on North Eighth street, Philadelphia, Pa., on January 1, 1912, at about 9 p. m., sitting at a table. That there were about twenty other men in such restaurant sitting at this and other tables, some of whom the police testified were pimps, idle and…
1Opinion of the Court
Opinion by
Rice, P. J.,
This is an appeal by the relator from an order of the quarter sessions, made after hearing upon habeas corpus, remanding him to the county prison, to which he had been committed by a magistrate of Philadelphia for three months upon a charge of being a professional thief. Under the local Act of March 13, 1862, P. L. 115, as amended and extended by the Act of March 16, 1864, P. L. 16, as well as under the general Act of June 7, 1901, P. L. 492, there are three essentials to a valid summary conviction upon *650such charge: First, the defendant must be a professional thief,…
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