Criminal Law — Practice — Habeas corpus — Insufficiency of evidence before magistrate — Conviction on subsequent indictments on same charges.
In a habeas corpus proceeding, in which it appeared that petitioner alleged that there was insufficient evidence presented to the magistrate at his preliminary hearing to establish a prima facias case against him of larceny of an automobile, receiving stolen goods, and operating a motor vehicle without the consent of the owner; and that the court below, holding that defendant, having been indicted on the aforesaid charges, could not thereafter question the regularity of the proceedings before the magistrate, dismissed the petition; it was Held that the order of the court below should be affirmed.
Submitted September 10, 1963.
OPINION PER CURIAM, November 13, 1963:
The order of the court below dismissing petition for writ of habeas corpus is affirmed on the opinion of Judge GRIFFITHS of the Court of Common Pleas No. 1 of Philadelphia County, as reported in 31 Pa. D. C. 2d 494.