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COMMONWEALTH EX REL. REIS v. AYTCH (09/19/73)

decided: September 19, 1973.

COMMONWEALTH EX REL. REIS, APPELLANT,
v.
AYTCH



Appeal from order of Court of Common Pleas, Trial Division, of Philadelphia, No. 72-09-1736, in case of Commonwealth of Pennsylvania ex rel. Lillian Reis v. Superintendent of Philadelphia Prisons, Louis Aytch.

COUNSEL

Robert F. Simone, with him James T. Vernile, for appellant.

James Shellenberger, Assistant District Attorney, with him Milton M. Stein, Assistant District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

Wright, P. J., Watkins, Jacobs, Hoffman, Spaulding, Cercone, and Spaeth, JJ. Opinion by Watkins, J.

Author: Watkins

[ 225 Pa. Super. Page 316]

This is an appeal by the defendant-appellant, Lillian Reis, from an order of extradition and the denial of a writ of habeas corpus in the Court of Common Pleas of Philadelphia County, Criminal-Trial Division.

On August 21, 1972, appellant was arrested in Philadelphia and charged with being a fugitive from the State of Florida. On November 2, 1972, the Commonwealth formally arrested the appellant on Governor's Warrants from both Florida and Pennsylvania. The appellant was then granted a continuance to contest the extradition by writ of habeas corpus.

On January 10, 1973, a hearing was held on the petition before the Honorable Ethan Allen Doty. Both Pennsylvania and Florida Warrants were admitted into evidence together with certified and authenticated copies of the information filed against the appellant in Dade County, Florida, and the judgment of sentence of the said Court by which the appellant was adjudged guilty of the charges stated in the information and the sentence to two years in prison.

The Governor's Warrants and accompanying papers also stated that appellant had been charged and was convicted of a crime in Florida, thereafter fled from that State and came into Pennsylvania, and that appellant had been present in the State of Florida at the time of the commission of the crime of which she was convicted.

Appellant complains of several procedural and substantial violations of Pennsylvania and Federal law relating to extradition. However, no facts were asserted to substantiate the allegations complained about. The

[ 225 Pa. Super. Page 317]

    appellant also claims several violations of her constitutional rights during the Florida court proceedings. But we are here concerned only with Pennsylvania extradition law and whether its requirements have been met by the Commonwealth. The guilt or innocence of an accused is not determined at an extradition hearing. Commonwealth ex rel. Coades v. Gable, 437 Pa. 553, 264 A.2d 716 (1970).

Extradition proceedings in Pennsylvania are governed by the Uniform Criminal Extradition Act, 1941, July 8, P. L. 288, Para. 1 et seq., 19 P.S. 191.1 et seq. It is clear that extradition will be ordered if: (1) It is clear that the subject of extradition is charged with a crime in the demanding State; (2) that subject of extradition was present in the demanding State when the crime was committed; (3) the subject of extradition is a fugitive from the demanding ...


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