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COMMONWEALTH EX REL. JOHNSON v. JOHNSON (06/15/72)

SUPERIOR COURT OF PENNSYLVANIA


decided: June 15, 1972.

COMMONWEALTH EX REL. JOHNSON, APPELLANT,
v.
JOHNSON

Appeal from judgment of Court of Common Pleas of Montgomery County, No. 71-11758, in case of Commonwealth of Pennsylvania ex rel. John Wesley Johnson v. Robert L. Johnson, Warden.

COUNSEL

John C. Butera and Butera and Detwiler, for appellant.

Stewart J. Greenleaf, Assistant District Attorney, William T. Nicholas, First Assistant District Attorney, and Milton O. Moss, District Attorney, for Commonwealth, appellee.

Wright, P. J., Watkins, Jacobs, Hoffman, Spaulding, Cercone, and Packel, JJ.

Author: Per Curiam

[ 221 Pa. Super. Page 305]

At the expiration of appellant's Pennsylvania prison sentence he was continued in custody on the authority of an outstanding South Carolina detainer. He first complains that he was not taken before a magistrate with all practicable speed. The record shows, however,

[ 221 Pa. Super. Page 306]

    that he was given a hearing within one week after final approval of his parole plan. Cf. Commonwealth v. McCaine, 218 Pa. Superior Ct. 274, 275 A.2d 867 (1971) (63 day delay prior to hearing). Second, appellant asserts his constitutional right to a speedy trial. This issue is beyond the limited scope of inquiry permissible in an extradition proceeding in an asylum state and, therefore, can be raised only in the demanding state.

Judgment affirmed.

Disposition

Judgment affirmed.

19720615

© 1998 VersusLaw Inc.



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