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COMMONWEALTH EX REL. SMALLEY v. AYTCH

247 Pa.Super. 23 (1977)

371 A.2d 1018

COMMONWEALTH of Pennsylvania, Appellant, ex rel. Clarence SMALLEY, Appellee, v. Louis AYTCH, Superintendent, Philadelphia County Prison.

Superior Court of Pennsylvania.

Decided March 31, 1977.

Attorney(s) appearing for the Case

Mark Sendrow, Assistant District Attorney, Philadelphia, with him Steven H. Goldblatt, Assistant District Attorney, Philadelphia, for appellant.

No appearance entered nor brief submitted for appellee.

Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT and SPAETH, JJ.

VAN der VOORT, Judge:

The appellee was arrested in Philadelphia as a fugitive from the State of Georgia where he is under indictment for forgery. He contested extradition and filed a petition for a writ of habeas corpus. This is an appeal from orders of the Court of Common Pleas of Philadelphia County granting his petition for a writ of habeas corpus and denying the Commonwealth's petition for his extradition to...

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