COM. ex rel. MARSHALL v. GEDNEY


237 Pa.Super. 372 (1975)

Commonwealth ex rel. Marshall, Appellant, v. Gedney.

Superior Court of Pennsylvania.

December 1, 1975.


Attorney(s) appearing for the Case

Leonard Sosnov and John W. Packel, Assistant Defenders, and Vincent J. Ziccardi, Defender, for appellant.

Michael F. Henry, James A. Shellenberger, and Steven H. Goldblatt, Assistant District Attorneys, Abraham J. Gafni, Deputy District Attorney, and F. Emmett Fitzpatrick, District Attorney, for appellee.

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


OPINION BY PRICE, J., December 1, 1975:

The question presented in this appeal is quite narrow and may be simply stated. In an extradition proceeding, must the demanding state demonstrate sufficient probable cause to arrest relator before extradition will be granted? The lower court determined that the asylum state could not insist on a showing of probable cause. We are convinced that the determination of probable cause is not the province of the asylum state and we...

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