Commonwealth v. Kowalek

TAMILIA, Judge:

The Commonwealth takes this appeal from the Order of November 5, 1993, granting in part defendant’s petition for a writ of habeas corpus and dismissing the charge of driving under the influence of alcohol, 75 Pa.C.S. § 3731(a)(1). A preliminary hearing on the charges was held on July 21, 1993 before a district justice, at the conclusion of which all charges were held for court. Defendant filed a petition for writ of habeas corpus on September 2, 1990, and a hearing was held on the petition on September 28, 1993 before the Honorable Ann H. Lokuta of the Court of Common Pleas of…