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COMMONWEALTH EX REL. DRONSFIELD v. HOHN (11/11/57)

November 11, 1957

COMMONWEALTH EX REL. DRONSFIELD
v.
HOHN, APPELLANT.



Appeal, No. 176, March T., 1957, from order of Court of Common Pleas of Westmoreland County, July T., 1955, No. 261, in case of Commonwealth of Pennsylvania ex rel. Walter Dronsfield v. William R. Hohn, Warden. Order affirmed.

COUNSEL

B. Patrick Costello, with him L. Alexander Sculco, District Attorney, John K. Best, Assistant District Attorney, and Smith, Best and horn, for appellant.

H. Reginald Belden, with him Paul K. McCormick, for appellee.

Before Jones, C.j., Bell, Chidsey, Arnold, Jones and Cohen, JJ.

Author: Bell

[ 390 Pa. Page 434]

OPINION BY MR. JUSTICE BELL

The Commonwealth has appealed from an order which discharged the relator in a habeas corpus proceeding

[ 390 Pa. Page 435]

    arising from the attempt of the State of Arizona to extradite him for the crime of forgery committed on June 2, 1951.

In May 1951, relator and his immediate superior, Fred Stein, were transferred by their employer, the Holland Furnace Company, from Jackson, Miss. to its Los Angeles office. On May 25, 1951, they arrived in Flagstaff, Arizona. Their cars were broken into on that night or the early morning of May 26th and an income tax refund check in the sum of $900 payable to F. G. Stein and I. Stein was stolen. They reported the theft to the Flagstaff police, and then proceeded to Los Angeles. Two or three days later they arrived in California, and on May 30, 1951, Dronsfield registered at the Surf Motel, Long Beach, California, where he remained overnight. On June 2, 1951, both Dronsfield and Stein reported for work at the Los Angeles office of Holland Furnace Company. On that day Dronsfield entered into a written salesman contract with the Company.

On June 2, 1951, a man went into the jewelry store of Ernest E. Starr in Winslow, Arizona, purchased a wedding ring for $600 and paid for it with the above mentioned income tax refund check, and received from Starr his check for the difference between the cost of the ring and the amount of the check. Eight months thereafter, Starr's bank advised him that the Stein check had been stolen and that he would have to make it good. Starr refused to reimburse the bank.

The United States Secret Service made a careful investigation of the facts. Starr described the man who cashed the check as being from 28 to 32 years of age, 6 feet tall, weighing 190 1bs. and having dark brown hair. The United States Agent found Dronsfield to be about 5 ft. 7 in. tall; weight ...


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