Appeal from the Order of the Court of Common Pleas of Philadelphia County, Trial Division, Criminal Section, Denying Habeas Corpus and Granting Extradition at HC 7509-0009 and MC 7506-2699. No. 552 October Term, 1976.
John W. Packel, Assistant Public Defender, Philadelphia, for appellant.
Steven H. Goldblatt, Assistant District Attorney, and F. Emmett Fitzpatrick, District Attorney, Philadelphia, for appellee.
Watkins, President Judge, and Jacobs, Hoffman, Cercone, Price, Van der Voort and Spaeth, JJ. Spaeth, J., files a dissenting opinion.
[ 246 Pa. Super. Page 289]
Appellant contends that the lower court improperly ordered extradition because (1) the extradition proceeding was properly within the jurisdiction of the Juvenile Court and not the Court of Common Pleas; (2) appellant's confession, taken in violation of his rights, was insufficient to enable the Commonwealth to meet its burden of proof of identity as required by the Uniform Criminal Extradition Act;*fn1 and (3) the arrest warrant did not demonstrate probable cause to believe that appellant committed the crime alleged by the demanding state.
Appellant, a seventeen-year-old wanted in New Jersey for murder, was arrested as a fugitive at his
[ 246 Pa. Super. Page 290]
home in Philadelphia on June 21, 1975.*fn2 Immediately after his arrest, appellant received Miranda warnings, but waived Fifth Amendment rights. He then gave a statement inculpating himself in the alleged New Jersey murder. Appellant was not advised by counsel or by another adult when he waived his rights. After a preliminary hearing held on the day of arrest, the court concluded that appellant appeared to be the person charged in New Jersey and scheduled the thirty-day hearing for July 18. 19 P.S. § 191.15. On July 18, the Commonwealth moved for a continuance until July 22, at which time appellant agreed to a rescheduling of the hearing until August 25. At the August 25 hearing, appellant was recommitted pursuant to 19 P.S. § 191.17. On September 8, appellant moved to transfer his case to the Juvenile Court. This motion was denied on September 18. At that time, all prior detainer were dismissed and appellant was arrested on Governor's warrants. On September 29, appellant filed a habeas corpus petition. On October 24, the court heard the petition for habeas corpus. At this hearing the Commonwealth presented evidence consisting of valid demand papers from New Jersey and the warrant issued by the Governor of Pennsylvania, as well as testimony by the New Jersey investigating officers and the Pennsylvania arresting officer. Testimony was taken as to the circumstances surrounding the confession. Appellant presented no evidence. On December 3, the court denied the habeas corpus petition and ordered extradition.
[ 246 Pa. Super. Page 291]
Appellant first contends that because he is a juvenile, the court should have granted his petition to transfer the case to Juvenile Court. The jurisdiction of the Juvenile Court is limited exclusively to four types of proceedings,*fn3 three of which appellant claims are applicable:
"(1) Proceedings in which a child is alleged to be delinquent or deprived.
"(2) Proceedings arising under sections 32 through 35 [11 P.S. § 50-329 ...