Commonwealth v. Lynch , 270 Pa. Super. 554 ( 1980 )

MONTGOMERY,

Judge, concurring and dissenting:

I agree with the conclusion reached by the Majority with respect to the affirmance of the lower court’s discharge of the Appellees on the charges of attempted theft by extortion and conspiracy to commit theft by extortion. However, I must respectfully dissent as to the affirmance of the action of the habeas corpus court on the remaining charges outstanding against the Appellees. In my view, the record sets forth facts which are clearly sufficient to establish a prima facie case, sufficient for trial, on each remaining charge against the Appellees. Thus, I would reverse the habeas corpus court and reinstate all charges against each Appellee except those involving attempted theft by extortion and conspiracy to commit theft by extortion.