Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

COMMONWEALTH PENNSYLVANIA EX REL. DREW KELLY COLBERT v. LOUIS AYTCH (03/23/78)

decided: March 23, 1978.

COMMONWEALTH OF PENNSYLVANIA EX REL. DREW KELLY COLBERT, APPELLANT,
v.
LOUIS AYTCH, SUPERINTENDENT, PHILADELPHIA COUNTY PRISONS



No. 390 January Term, 1977, Appeal from the Order of the Superior Court at 86 October Term, 1976, affirming the Order of C.P. Philadelphia, denying Petition for Writ of Habeas Corpus and Granting Extradition at M.C. 75-07-0012.

COUNSEL

Benjamin Lerner, Public Defender, John W. Packel, Asst. Public Defender, Steven A. Morley, Philadelphia, for appellant.

F. Emmett Fitzpatrick, Dist. Atty., Michael R. Stiles, Asst. Dist. Atty., Chief, Appeals Div., Mark Sendrow, Asst. Dist. Atty., for appellee.

Eagen, C. J., and O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ. Roberts, J., files a concurring opinion in which Eagen, C. J., and Nix, J., join. Pomeroy, J., concurs in the result. Manderino, J., files a dissenting opinion.

Author: O'brien

[ 478 Pa. Page 315]

OPINION OF THE COURT

On April 21, 1975, appellant, Drew Kelly Colbert, was arrested in Philadelphia. Appellant's arrest was premised on his alleged participation in the homicide of Clinton Dunn, Jr., of Aiken County, South Carolina. See § 13 of the

[ 478 Pa. Page 316]

Uniform Criminal Extradition Act, Act of July 8, 1941, P.L. 288, § 1, et seq., 19 P.S. § 191.1, et seq. Appellant was preliminarily arraigned and a "thirty day" hearing, as required by § 15 of the Uniform Criminal Extradition Act, supra, was scheduled for May 19, 1975. Appellant was ordered detained in the Philadelphia Detention Center. On April 30, appellant's counsel filed a petition to transfer appellant to Pennypack House, a juvenile facility, in light of appellant's age -- seventeen.

On May 8, 1975, defense counsel filed a petition to transfer the case to the Family Division of the Court of Common Pleas of Philadelphia. On May 13, the petition to transfer to Pennypack House was granted, but the petition to transfer to the Family Division was denied. On May 19, pursuant to § 15 of the Uniform Criminal Extradition Act, appellant appeared in the Court of Common Pleas of Philadelphia; however, no Governor's Warrant had been received and, therefore, a thirty-day continuance was granted on June 18, 1975. Appellant again appeared in court and a second thirty-day continuance was granted.*fn1

On June 26, 1975, appellant filed a "petition to dismiss". The bases of dismissal were:

1. Lack of probable cause for his arrest.

2. Failure to comply with § 15 of the Uniform Criminal ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.