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COMMONWEALTH PENNSYLVANIA v. MILTON QUACKENBUSH (09/25/81)

filed: September 25, 1981.

COMMONWEALTH OF PENNSYLVANIA
v.
MILTON QUACKENBUSH, APPELLANT



No. 371 Philadelphia, 1980, Appeal from Order of the Court of Common Pleas, Criminal Division, of Bradford County, at No. 79-733 CA.

COUNSEL

John Kocsis, Athens, for appellant.

Leonard Frawley, District Attorney, Towanda, for Commonwealth, appellee.

Hester, Cavanaugh and Van der Voort, JJ. Hester, J., files a dissenting statement.

Author: Cavanaugh

[ 291 Pa. Super. Page 211]

The defendant appeals from an order directing his extradition to New York. He argues, one, that his confinement in jail for more than thirty days without a hearing to extend his confinement violated the Uniform Criminal Extradition Act, 42 Pa.C.S.A. §§ 9136, 9138; and, two, that the Commonwealth failed to establish that the defendant was the person sought by New York for extradition. We affirm.

On November 5, 1979, the defendant was imprisoned in Bradford County in lieu of $10,000 bail on charges of rape, involuntary deviate sexual intercourse, indecent assault, and terroristic threats. Sometime before December 19, a detainer from New York was lodged against him. This detainer is

[ 291 Pa. Super. Page 212]

    dated November 16, 1979 by the New York authorities, but the date that it was received by the Bradford County authorities does not appear on the record. On December 19 the Pennsylvania charges which were pending against the defendant were "dismissed by the district attorney" before the preliminary hearing on those charges was to be held.

On December 20 the defendant filed a petition for a writ of habeas corpus; and the lower court issued the writ and ordered a hearing for the next day. Later on December 20 based upon the detainer a complaint was filed charging the defendant with being a fugitive from justice. A preliminary arraignment was held that same day and in lieu of bail the defendant was held in confinement.

At the habeas corpus hearing on December 21 the defendant contended that he was illegally confined from the time the local charges had been dismissed on December 19 until the time the writ of habeas corpus was issued on December 20. The lower court denied the petition for a writ of habeas corpus.

On January 7, 1980 defendant filed his second petition for a writ of habeas corpus. A hearing was held on this matter on January 15, 1980. The defendant contended that in contravention of 42 Pa.C.S.A. § 9136 he was held for more than thirty days. On January 18, 1980 the Commonwealth filed a petition to continue the defendant's confinement pending receipt of the extradition paper; a hearing was held on this petition on January 21, 1980. On January 25 the lower court denied the petition for habeas corpus and granted the Commonwealth's petition to continue the defendant's confinement.

On February 8 after an extradition hearing was held and the Governor's warrant was served, the lower court ordered the defendant to be extradited. The lower court refused to stay its order, but this court granted a stay pending appeal.

Under the Uniform Criminal Extradition Act an accused may be committed to jail for up to thirty days to allow his arrest on ...


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