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APPEAL MICKEY GEORGE COWELL (09/27/76)

decided: September 27, 1976.

IN RE APPEAL OF MICKEY GEORGE COWELL, APPELLANT (A JUVENILE)


Appeal from Order dated August 22, 1974 in the Court of Common Pleas, Juvenile Docket, Clearfield County, at No. 8, Page 160, October Term, 1974. No. 42 October Term, 1975.

COUNSEL

John Sughrue, Public Defender, Clearfield, for appellant.

Richard A. Bell, Dist. Atty., Clearfield, for appellee.

Watkins, President Judge, and Jacobs, Hoffman, Cercone, Price, Van der Voort and Spaeth, JJ. Spaeth, J., files a concurring and dissenting opinion.

Author: Cercone

[ 243 Pa. Super. Page 180]

This is an appeal from an order of the lower court adjudicating Mickey George Cowell, a delinquent on the basis of an incident which occurred at a grocery store in Beccaria Township, Clearfield County.

On June 11, 1974, in the early morning hours, Miss Jean Skonier surprised prowlers in her grocery store who beat and robbed her. At that time a juvenile, Randy Kephart, was wounded, and subsequently died, allegedly as a result of the wounds he sustained. Miss Skonier identified appellant as the person who robbed her and beat her into insensibility. At the conclusion of the hearing in the Juvenile Division of the court in this matter in August of 1974, the court held that the charges of burglary, theft, robbery, recklessly endangering another person, and assault were sufficiently made out against

[ 243 Pa. Super. Page 181]

    appellant and found him delinquent. The court committed appellant to the State Correctional Institution at Camp Hill, Pennsylvania.

Appellant's first contention is that the Juvenile Court lacked jurisdiction over his person, because he was returned to Clearfield County from Cleveland, Ohio in a manner not conforming to the Interstate Compact on Juveniles.*fn1 Although not all the details of appellant's apprehension and return to Pennsylvania are within the record, it is undisputed that neither of the procedures described in Article V of the Compact were followed.*fn2 The Cleveland Police received information concerning appellant's involvement in the incident, took him into custody some time between June 17 (the date the petition alleging delinquency was filed) and July 5, 1974, and placed him in the local Juvenile Detention Center. On the latter date the court in Pennsylvania issued an order authorizing and empowering John R. Anderson, Sheriff of

[ 243 Pa. Super. Page 182]

Clearfield County, and Trooper Wrabel to proceed to Cleveland for the purpose of obtaining custody of appellant and returning him to Clearfield County. Sheriff Anderson and Trooper Wrabel went to Cleveland, showed the person in charge of the Detention Center (a Mr. Robert Horley) the order and a copy of the petition, and were thereupon presented with appellant, whom they forthwith brought back to Clearfield County. No Ohio court passed judgment on the legality of appellant's detention or his removal to Pennsylvania.

The Commonwealth's argument that the Juvenile Court obtained jurisdiction over the person of appellant when the petition alleging delinquency was filed is without merit. Once Trooper Wrabel and Sheriff Anderson arrived in Ohio, their right to take appellant into custody was governed by Ohio law. Section 2151.31(B) of the Ohio Revised Code*fn3 provides that a child may be taken into custody pursuant to the laws of arrest. Our reading of Ohio arrest law discloses only one situation in which a Pennsylvania law enforcement official could make an arrest in Ohio, ...


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