Criminal law — Practice — Preliminary hearing — Waiver of jury trial — Indictment — Date of commission of crime — Variance in proof.
1. In a habeas corpus proceeding, in which it appeared that a coroner's jury had held a homicide case for action by the grand jury, which had indicted relator for murder; and that at trial after the Commonwealth had introduced its evidence defendant had changed his plea to one of guilty; it was Held that, in the circumstances, (1) it was not material that there had not been a preliminary hearing; (2) a waiver by defendant was unnecessary; (3) an alleged variance between the date of the crime set forth in the indictment and that proved by the evidence did not constitute a fatal defect in the indictment; and that (4) relator had received a fair trial. [235-9]
Criminal law — Arrest — Officer — Privilege — Felon.
2. A police officer is privileged to arrest a felon without a warrant. [238]
OPINION PER CURIAM, April 17, 1951:
Order affirmed on the able opinion of President Judge PATTERSON of the learned court below.