COMTH. ex rel. McGOWAN v. AYTCH


233 Pa.Super. 66 (1975)

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

Superior Court of Pennsylvania.

March 31, 1975.


Attorney(s) appearing for the Case

Robert F. Simone and James T. Vernile, for appellant, at No. 1120.

Karl K. Lunkenheimer, Suzanne Balen Ercole, and Steven H. Goldblatt, Assistant District Attorneys, Abraham J. Gafni, Deputy District Attorney, Richard A. Sprague, First Assistant District Attorney, and F. Emmett Fitzpatrick, District Attorney, for appellant, at No. 820.

Robert F. Simone and James T. Vernile, for appellee, at No. 820.

Karl K. Lunkenheimer, Suzanne Balen Ercole, and Steven H. Goldblatt, Assistant District Attorneys, Abraham J. Gafni, Deputy District Attorney, Richard A. Sprague, First Assistant District Attorney, and F. Emmett Fitzpatrick, District Attorney, for appellee, at No. 1120.

Before WATKINS, P.J., JACOBS, HOFFMAN, CERCONE, PRICE, VAN DER VOORT, and SPAETH, JJ.


OPINION BY JACOBS, J., March 31, 1975:

Robert McGowan [hereinafter Appellant] was arrested in Philadelphia as a fugitive from the State of New Jersey. A Governor's warrant subsequently was lodged pursuant to the Uniform Criminal Extradition Act,1 and the appellant filed a petition seeking habeas corpus relief in the court below. The court by order dated March 12, 1974, granted relief and denied extradition because the extradition documents...

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