Opinion
March 20, 1972.
June 15, 1972.
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.
Before WRIGHT, P.J., WATKINS, JACOBS, HOFFMAN, SPAULDING, CERCONE, and PACKEL, JJ.
Appeal, No. 1161, Oct. T., 1971, from order of Court of Common Pleas of Berks County, March T., 1966, No. 58, in case of Commonwealth of Pennsylvania v. Richard C. Czarnecki. Order affirmed.
Petition for post-conviction relief. Before HESS, P.J.
Order entered granting leave to file an appeal, nunc pro tunc. Defendant appealed.
Fred I. Noch, Public Defender, for appellant.
Grant E. Wesner, Deputy District Attorney, and Robert L. Van Hoove, District Attorney, for Commonwealth, appellee.
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.