Furthermore, the line of cases cited by the Commonwealth all dealt with the lack of the district attorney's signature on a bill of indictment when the defendant waived presentment to the grand jury and pleaded guilty. See, e.g. Commonwealth ex rel.Thomas v. Maroney, 198 Pa. Super. 118, 181 A.2d 862 (1962); Commonwealth ex rel. Conrad v. Ashe, 142 Pa. Super. 254, 15 A.2d 926 (1940). The Act of April 15, 1907, P.L. 62, upon which these cases were based, permitted the district attorney to issue an indictment without presentment to the grand jury, but the Act required only the endorsement of the district attorney's name on the indictment, not his signature.
OPINION PER CURIAM, November 15, 1962: The order of the court below is affirmed on the opinion of Judge HENRY G. SWENEY, President Judge of the Court of Common Pleas of Delaware County, as reported in 28 Pa. D. C. 2d 347. Also see Commonwealth ex rel. Thomas v. Maroney, 198 Pa. Super. 118, 181 A.2d 8621 (1962).