Criminal Law — Practice — Preliminary hearing — District attorney's bill — Defendant incarcerated in another county.
A preliminary hearing need not be given to a person imprisoned in another county and he may be proceeded against by use of a district attorney's bill with the approval of the court.
JACOBS, J., concurred in the result.
Submitted March 20, 1972.
OPINION PER CURIAM, June 15, 1972:
Prior to indictment appellant was incarcerated in another county. He complains that he had no preliminary hearing before trial. Commonwealth v. O'Brien, 181 Pa. Super. 382, 124 A.2d 666 (1956), specifically holds that a person imprisoned in another county need not be given a preliminary hearing and may be proceeded against by use of a district attorney's bill with the approval of the court. The record reveals compliance with the proper procedure.
Order affirmed.
JACOBS, J., concurs in the result.