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Commonwealth ex rel. Bandi, Appellant, v. Ashe.

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.

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COMMONWEALTH EX REL. BANDI v. ASHE
(Apr 17, 1951)