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COM. EX REL. SIMPSON v. AYTCH

247 Pa.Super. 348 (1977)

372 A.2d 861

COMMONWEALTH of Pennsylvania ex rel. Herman SIMPSON, Appellant, v. Louis AYTCH, Superintendent of Philadelphia Prisons.

Superior Court of Pennsylvania.

Decided April 19, 1977.

Attorney(s) appearing for the Case

Jonathan W. Miller, Assistant Public Defender, Philadelphia, for appellant.

Deborah E. Glass and Steven H. Goldblatt, Assistant District Attorney, Philadelphia, for appellee.

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

WATKINS, President Judge:

Appellant was charged with murder in North Carolina and was arrested in Philadelphia, Pennsylvania. Extradition proceedings were held, and appellant filed a petition for a writ of habeas corpus challenging his extradition to North Carolina. After a hearing before Judge Doty, the petition was denied.

Extradition should be ordered if: (1) the extradition papers are in order; (2) the subject of the extradition is charged with a crime...

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