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COM. ex rel. DOUGLASS v. AYTCH

225 Pa.Super. 195 (1973)

Commonwealth ex rel. Douglass, Appellant, v. Aytch.

Superior Court of Pennsylvania.

September 19, 1973.

Attorney(s) appearing for the Case

Steven G. Farber, Assistant Defender, with him Jonathan Miller, Assistant Defender, and Vincent J. Ziccardi, Defender, for appellant.

Peter J. Smith, Assistant District Attorney, with him James T. Ranney and Milton M. Stein, Assistant District Attorneys, and Arlen Specter, District Attorney, for appellee.

Before WRIGHT, P.J., WATKINS, JACOBS, HOFFMAN, SPAULDING, CERCONE, and SPAETH, JJ.

OPINION BY HOFFMAN, J., September 19, 1973:

This appeal involves the question of whether a dismissal "with prejudice" of Governor's Warrants in an extradition proceeding bars a subsequent rearrest and hearing on the same fugitive charges.

On February 4, 1972, a warrant was lodged against the appellant, charging him with being a fugitive from justice from New Jersey. On March 3, March 29 and April 19, scheduled...

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