Appeal from order of Court of Common Pleas of Union County, Feb. T., 1970, No. 137, in case of Commonwealth ex rel. Edward Julius Girnus v. William F. Haas.
Graham C. Showalter, for appellant.
A. Thomas Wilson, District Attorney, submitted a brief, for appellee.
Bell, C. J., Jones, Cohen, Eagen, O'Brien, Roberts and Pomeroy, JJ. Opinion by Mr. Justice Eagen.
On December 24, 1969, the appellant, Edward Julius Girnus, was incarcerated as a federal prisoner in the United States Northeastern Penitentiary, a federal enclave, located in Kelly Township, Union County, Pennsylvania, near Lewisburg. On that date, while in the
front office of the penitentiary, Girnus was taken into custody by the sheriff of Union County as a fugitive from justice in the Commonwealth of Virginia. In accordance with the provisions of Section 10 of the Uniform Criminal Extradition Act, 19 P.S. § 191.10, Girnus then filed an application for habeas corpus challenging the legality of his arrest. A hearing was held, following which relief was denied, and an order granting extradition issued. This appeal followed.
Girnus first contends that since he was arrested within the confines of a federal penitentiary, he was not "found" within the jurisdiction of Pennsylvania as that term is intended in Section 2 of the Uniform Criminal Extradition Act.*fn1 This novel position lacks legal merit.
At the relevant time Girnus was physically present in Pennsylvania and subject to its laws. Under the Act of the Pennsylvania General Assembly of March 26, 1931, P. L. 7, § 3, 61 P.S. § 355, the Commonwealth of Pennsylvania retained jurisdiction to serve criminal process upon him even while he was on the premises of the penitentiary.
Section 3 of the Act of 1931, supra, provides: "Exclusive jurisdiction over the land so purchased, and to be purchased, is hereby ceded to the United States by the Commonwealth of Pennsylvania, and said lands shall be exempt from the payment of all taxes, state and local: Provided, That the Commonwealth of
Pennsylvania shall retain concurrent jurisdiction with the United States over the lands so acquired by the United States, as far as necessary, for the purpose of serving all civil and criminal processes which may be issued under the authority of ...