Appeal, No. 121, March T., 1961, from order of Court of Common Pleas of Allegheny County, April T., 1961, No. 2336, in case of Commonwealth ex rel. Clifton E. Crist v. Grant F. Price, Warden. Order affirmed.
William L. Standish, IV, for appellant.
William Claney Smith, Assistant District Attorney, with him Edward C. Boyle, District Attorney, for appellee.
Before Bell, C.j., Musmanno, Jones, Cohen, Eagen and Alpern, JJ.
OPINION BY JUSTICE ALPERN.
This case comes before the court on appeal from the order of the court below denying the petition of Clifton Crist for a writ of habeas corpus in an extradition proceeding. It is claimed that the requisition papers
do not satisfy the requirements of the Uniform Criminal Extradition Act of July 8, 1941, P.L. 288, 19 PS § 191.1 et seq.
On July 14, 1959 the appellant Crist pleaded guilty in Tennessee to burglary and was sentenced to three years, the sentence to begin on the expiration of a sentence he was then serving in Leavenworth. Upon his release from Leavenworth he was returned to Pittsburgh on a prior hold order for trial on a pending case. A verdict of not guilty was found. He was detained on a warrant of extradition to Tennessee which he now attacks in a habeas corpus proceeding.
The Tennessee extradition papers contain the request of the Governor of that State for extradition alleging that appellant is a fugitive, the request by the district attorney general to the Governor of Tennessee setting forth all the relevant facts, including the allegation that appellant is a fugitive, and asking that a requisition be issued to the Governor of Pennsylvania. Included in the extradition papers are the indictment, certified copies of the guilty plea of Crist to a burglary charge, and the sentence of three years imposed by the jury. The Governor of Pennsylvania issued an extradition warrant.
Appellant on appeal from the dismissal of his petition for habeas corpus advances several arguments.
1. He claims he is not a fugitive who is extraditable under Section 3 because the requisition papers sent up from Tennessee contain no date for the alleged crime other than the month and year: "... day of August, 1958." He relies on Section 3 of the Uniform Criminal Extradition Act, 1941, July 8, P.L. 288, § 3, 19 PS § 191.3, which provides in part: "No demand for the extradition of a person charged with crime in another state shall be recognized by the ...