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COMMONWEALTH v. COLLEMACINE

429 Pa. 24 (1968)

Commonwealth, Appellant, v. Collemacine.

Supreme Court of Pennsylvania.

March 15, 1968.

Attorney(s) appearing for the Case

Joseph M. Smith, Assistant District Attorney, with him Robert G. Ginsburg and Alan J. Davis, Assistant District Attorneys, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellant.

Joseph R. Danella, with him Curtis C. Carson, Jr., for appellee.

Before MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.

OPINION BY MR. JUSTICE O'BRIEN, March 15, 1968:

This is an appeal by the Commonwealth from an order of the Court of Oyer and Terminer of Philadelphia County quashing a bill of indictment. Appellee was given a preliminary hearing on July 26, 1965. At the conclusion of the hearing, he was ordered bound over without bail "to answer at the next term of the Court of Oyer and Terminer" on the charge of murder. The next term of court, i.e., the next grand jury, was in August...

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