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COMMONWEALTH EX REL. OSBURN v. HAAS (07/13/70)

decided: July 13, 1970.

COMMONWEALTH EX REL. OSBURN, APPELLANT,
v.
HAAS



Appeals from orders of Court of Common Pleas of Union County, Oct. T., 1969, No. 106, in case of Commonwealth ex rel. Roy Osburn v. William F. Haas, Sheriff.

COUNSEL

James F. McClure, Jr., and McClure & McClure, for appellant.

A. Thomas Wilson, District Attorney, for Commonwealth, appellee.

Bell, C. J., Jones, Cohen, Eagen, O'Brien, Roberts and Pomeroy, JJ. Opinion by Mr. Justice Pomeroy.

Author: Pomeroy

[ 439 Pa. Page 342]

On June 6, 1969, appellant Roy Osburn was taken into custody by appellee, the Sheriff of Union County, on a detainer warrant charging that he was a fugitive

[ 439 Pa. Page 343]

    from justice in West Virginia. On June 30, 1969, the Governor of Pennsylvania, at the request of the Governor of West Virginia and in accordance with the provisions of the Uniform Criminal Extradition Act, Act of July 8, 1941, P.L. 288, 19 P.S. §§ 191.1, et seq., issued a Governor's Warrant for the arrest and extradition of appellant to West Virginia where he stood indicted for escape from lawful custody. Appellant filed a petition for a writ of habeas corpus with the Court of Common Pleas of the 17th Judicial District, Union County Branch. A hearing was duly held, and on August 9, 1969, the petition was denied and appellant was ordered extradited to West Virginia. The appeal at No. 494 January Term, 1969 was then filed. Subsequently appellant filed a supplemental petition for a writ of habeas corpus, which was also denied. The appeal from that order, No. 484 January Term, 1970, was consolidated with the earlier appeal. We affirm both orders.

Appellant does not contend that the normal statutory requirements for extradition have not been met and the record establishes that they have. Commonwealth ex rel. Kelly v. Santo, 436 Pa. 204, 206, 259 A.2d 456 (1969); Commonwealth ex rel. Flood v. Pizzo, 434 Pa. 208, 211, 252 A.2d 656 (1969). He contends, rather, that certain collateral matters relating to the delay in procuring his return to West Virginia render his extradition improper and entitle him to release from custody.

In the first place, appellant argues that his right to a speedy trial in West Virginia, guaranteed under the Sixth Amendment of the Constitution of the United States, as made applicable to the States through the Fourteenth Amendment,*fn1 has been violated by West

[ 439 Pa. Page 344]

Virginia's delay in procuring his presence for trial. Whatever may be the merits of appellant's position on this point, they are not cognizable in an extradition proceeding. When and if appellant is tried in West Virginia he can raise this constitutional claim. Commonwealth ex rel. Flood v. Pizzo, supra, at 211.

Appellant next asserts that the authorities of Monongalia County, West Virginia, have refused to pay the costs and expenses of his detention in Pennsylvania and contends that such a refusal demonstrates a lack of good faith on the part of that State's authorities such as to constitute a waiver by them of their right to extradite him. This allegation also, even if we were to assume its truth,*fn2 would form no basis for appellant's release. It is true that section 24 of the Uniform Criminal Extradition Act, 19 P.S. § 191.24, provides: "All costs and expenses shall be paid out of the county treasury in the county wherein the crime is alleged to ...


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