Appeal from the Orders of the Court of Common Pleas, Trial Division, Criminal Section, of Philadelphia County dated April 15, 1976, Granting Petition for Writ of Habeas Corpus and Denying Extradition on H.C. No. 76-04-0005 and M.C. No. 76-01-2777. No. 1620 OCTOBER TERM, 1976.
Mark Sendrow, Assistant District Attorney, Philadelphia, with him Steven H. Goldblatt, Assistant District Attorney, Philadelphia, for appellant.
No appearance entered nor brief submitted for appellee.
Watkins, President Judge, and Jacobs, Hoffman, Cercone, Price, Van der Voort and Spaeth, JJ. Hoffman, J., concurs in the result.
[ 247 Pa. Super. Page 24]
The appellee was arrested in Philadelphia as a fugitive from the State of Georgia where he is under indictment for forgery. He contested extradition and filed a petition for a
[ 247 Pa. Super. Page 25]
writ of habeas corpus. This is an appeal from orders of the Court of Common Pleas of Philadelphia County granting his petition for a writ of habeas corpus and denying the Commonwealth's petition for his extradition to the State of Georgia.
Appellee admitted that he had been arrested in the State of Georgia and that he was the person named in the extradition papers. He conceded that he knew he was charged with the crime of forgery in Georgia and would have to appear before court in that state. However, he testified that he had already appeared before the Georgia court on two occasions but was under no subpoena or warrant to return to that court again. In that posture he left the state and came to Pennsylvania. In contradiction to this testimony, a Georgia police officer testified that a bench warrant had been issued for appellee and that this is only done in Georgia when a defendant fails to appear after being served with a subpoena.
The Commonwealth introduced in evidence a Governor's warrant from the Commonwealth of Pennsylvania certifying that appellee was wanted in the State of Georgia, charged with two separate offenses of forgery in the first degree. The Commonwealth also offered in evidence a Governor's warrant from the State of Georgia stating that the appellee was charged in Richmond County, Georgia, with two counts of forgery in the first degree. Included in the requisition papers were indictments issued by the Georgia grand jury and a warrant for the arrest of appellee.
The Commonwealth also presented the testimony of an officer of the Augusta, Georgia, Police Department who stated that he had arrested appellee in Richmond County, Georgia, for trying to pass a stolen check, that he had known appellee before the arrest and had seen him on several subsequent occasions. He identified the appellee as the person named in the Governors' warrants and requisition papers.
After the hearing, the lower court found that appellee had not been served with a warrant or ...