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COMMONWEALTH PENNSYLVANIA EX REL. ALFRED D. HOLCOMBE v. R. BRINTON STRODE. APPEAL ALFRED D. HOLCOMBE (05/11/79)

decided: May 11, 1979.

COMMONWEALTH OF PENNSYLVANIA EX REL. ALFRED D. HOLCOMBE
v.
R. BRINTON STRODE. APPEAL OF ALFRED D. HOLCOMBE



No. 2141 October Term, 1977, Appeal from Order of the Court of Common Pleas of Lycoming County, Civil Action-Law, at No. 77-2783, July 10, 1977.

COUNSEL

Waring R. Fincke, State College, and with him Alan Ellis, State College, for appellant.

Robert F. Banks, First Assistant District Attorney, for appellee Strode.

Jacobs, President Judge, and Hoffman, Cercone, Price, Van der Voort, Spaeth and Hester, JJ. Spaeth, J., files a concurring statement. Jacobs, former President Judge, and Hoffman, J., did not participate in the consideration or decision of this case.

Author: Cercone

[ 266 Pa. Super. Page 41]

This is an appeal from the order of the court below denying appellant's petition for a writ of habeas corpus and ordering his extradition to New York. Appellant's sole contention is that his confinement was not in accordance with the Uniform Criminal Extradition Act.*fn1 We disagree and affirm.

The pertinent facts are as follows. Late in the evening of April 8, 1977, appellant was arrested at a motel in Lycoming County by a representative of the New York State Police acting in conjunction with a Pennsylvania State trooper.

[ 266 Pa. Super. Page 42]

The arrest was based on the fact that fugitive warrants had previously been issued by a New York state judge charging appellant with being under indictment for criminal possession of a controlled substance and bail jumping. Early the following morning, April 9, 1977, appellant was taken before a local magistrate where a complaint was filed charging him with being a fugitive from justice from the State of New York. Bail was set at $75,000 and in default in posting it appellant was committed to the Lycoming County jail. Counsel was appointed to represent appellant on April 14, 1977.

On May 23, 1977, the Commonwealth of Pennsylvania withdrew the fugitive complaint that had been filed against appellant on April 9, 1977. That same day, however, the Commonwealth lodged a new fugitive from justice complaint against appellant.*fn2 A preliminary hearing was held on this new complaint on June 1, 1977, and appellant was committed to the county prison for a period of thirty (30) days pursuant to Section 15 of the Uniform Criminal Extradition Act, supra. 19 P.S. § 191.15.

On June 23, 1977, appellant, pursuant to Section 7 of the Act, supra, was formally arrested on a warrant issued by the Governor of Pennsylvania. 19 P.S. § 191.7. Subsequently, on July 7, 1977, appellant filed his petition for a writ of habeas corpus and a hearing was held on July 15, 1977. On July 19, 1977, the petition was denied and extradition ordered. This appeal followed.

Appellant does not challenge the sufficiency of the evidence to order extradition.*fn3 Rather, appellant's sole contention is that his ...


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