Appeal from order of Court of Common Pleas of Union County, Oct. T., 1967, No. 42, in case of Commonwealth ex rel. Dominick Bonomo v. William F. Haas, Sheriff.
James F. McClure, Jr., with him McClure & McClure, for appellant.
A. Thomas Wilson, District Attorney, for appellee.
Bell, C. J., Musmanno, Jones, Cohen, Eagen, O'Brien and Roberts, JJ. Opinion by Mr. Justice O'Brien.
This is an appeal from the order of the Court of Common Pleas of Union County directing that appellant
be extradited to New Jersey. This order followed the denial of appellant's petition for a writ of habeas corpus. Appellant had been committed to New Jersey State Prison on January 8, 1954, following convictions and sentences for various state offenses. On March 26, 1954 and on May 12, 1954, appellant received additional sentences on other charges. He was confined in the New Jersey State Prison in Trenton, New Jersey, from January 12, 1954 to September 12, 1961, when he was released on parole.
In July of 1964, appellant was convicted in New Jersey on a disorderly person charge, sentenced to thirty days, and confined in the Hudson County Jail. As a result of this conviction, petitioner's parole was revoked on August 5, 1964. On August 18, 1964, at the expiration of the thirty-day sentence, appellant was surrendered by New Jersey authorities to the Federal Government for trial on a charge of possessing counterfeit money. By appellant's own testimony, it appears that New Jersey placed a detainer on him when handing him over to federal authorities. Appellant was tried, convicted, and sentenced in the United States District Court in Newark, New Jersey in January, 1965, and was committed to the custody of the Attorney General of the United States. He was subsequently transported by federal marshals to the Federal Penitentiary at Lewisburg, Pennsylvania, where he was incarcerated until May 4, 1967.
A detainer being lodged against appellant at the penitentiary, upon his release he was arrested as a fugitive from justice by William F. Haas, Sheriff of Union County, Pennsylvania. The Governor of New Jersey filed a requisition with the Governor of Pennsylvania for appellant's extradition to New Jersey, and the Governor of Pennsylvania issued a warrant of extradition on June 6, 1967.
Appellant contends that the warrant of extradition is invalid for two reasons: (1) He is not a fugitive from justice from the State of New Jersey because he left that state involuntarily; and (2) The State of New Jersey waived the right to extradite him by surrendering jurisdiction to the federal authorities. Although these two contentions have often been treated as one by the courts,*fn1 we shall try to deal with them separately.
Article IV, § 2, Cl. 2, of the Constitution of the United States provides as follows: "A person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be ...