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COMMONWEALTH PENNSYLVANIA v. FREDERICK S. BROWN (08/15/80)

filed: August 15, 1980.

COMMONWEALTH OF PENNSYLVANIA
v.
FREDERICK S. BROWN, APPELLANT



No. 584 October Term, 1979, (Journal No. 2235/1979), Appeal from Order of Lycoming County Court, Judge Thomas Raup, dated Monday, February 12, 1979, in Criminal Division #78-10,802.

COUNSEL

George E. Lepley, Jr., Assistant Public Defender, Williamsport, for appellant.

William S. Kieser, District Attorney, Williamsport, for Commonwealth, appellee.

Brosky, Wickersham and Roberts, JJ.*fn*

Author: Roberts

[ 281 Pa. Super. Page 33]

Appellant Frederick Brown, an alleged fugitive from justice in West Virginia, challenges an order of the Court of Common Pleas of Lycoming County denying him a writ of habeas corpus. Appellant claims the writ should have been granted because, contrary to the Uniform Criminal Extradition Act, 42 Pa.C.S. ยง 9121 et seq., he was held as a fugitive for more than thirty days without being arrested pursuant to a Governor's warrant. We affirm.

On December 15, 1978, while on routine patrol, Williamsport Police Officer Anthony Evans and a companion officer received a radio report that appellant was in the area of Walnut and Erie Avenues, Williamsport. Williamsport police had previously received teletypes from West Virginia authorities that there were outstanding warrants for the arrest of appellant on felony-theft charges. Officer Evans and his fellow officer proceeded to the reported address. There they saw a man fitting appellant's description. On Evans' inquiry appellant acknowledged that he was Frederick Brown. Evans informed appellant there was a warrant from West Virginia for his arrest and took appellant into custody.

Evans immediately brought appellant before a district magistrate, where a criminal complaint was filed, charging appellant was a fugitive from justice. The magistrate set December 22, 1978 as a hearing date and fixed bail at $2500. Appellant posted the necessary amount. (He has been continuously free on bail since.) On December 22, a hearing was held as scheduled. As a result of this hearing, appellant was "bound to court."

On January 8, 1979, after further proceedings, the court of common pleas entered the following order:

[ 281 Pa. Super. Page 34]

"The preliminary hearing on extradition proceedings was held on this day, at which time, the Defendant was represented by Public Defender. He was advised of his right to file a habeas corpus petition to contest the extradition proceeding. He is on bail at the present time and will continue bail pending final processing of this extradition case."

No further proceedings occurred until February 2, when appellant filed a petition for writ of habeas corpus. Among other things, appellant alleged that:

"a defendant may be held as a Fugitive only for a period of thirty (30) days. At the end of that thirty (30) days, the Commonwealth must have served the defendant with the Governor's warrant or moved for an extension of sixty (60) days in which to serve the proper papers. The Commonwealth has not served the ...


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