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COMMONWEALTH v. KULP

225 Pa.Super. 345 (1973)

Commonwealth v. Kulp, Appellant.

Superior Court of Pennsylvania.

September 19, 1973.

Attorney(s) appearing for the Case

Louis M. Natali, Jr. and Segal, Appel & Natali, for appellant.

William P. Boland, James T. Ranney and Milton M. Stein, Assistant District Attorneys, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

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

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

Appellant contends that the court below erred in refusing to issue a writ of habeas corpus and ordering his extradition to Texas.

Pennsylvania courts will only order an extradition if: (1) "the subject of the extradition is charged with a crime in the demanding state"; (2) the subject "was present in the demanding state at the time" the crime charged was committed...

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