COM. EX REL. KELLY v. AYTCH


254 Pa.Super. 28 (1978)

385 A.2d 508

COMMONWEALTH of Pennsylvania ex rel. Oscar Earl KELLY, Appellant, v. Louis J. AYTCH, Superintendent, Philadelphia County Prisons.

Superior Court of Pennsylvania.

Decided April 13, 1978.


Attorney(s) appearing for the Case

John W. Packel, Assistant Public Defender, and Benjamin Lerner, Defender, Philadelphia, for appellant.

Steven H. Goldblatt, Assistant District Attorney, and F. Emmett Fitzpatrick, District Attorney, Philadelphia, for Commonwealth, appellee.

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


SPAETH, Judge:

On July 12, 1975, appellant, aged seventeen, was arrested in Philadelphia and charged with being a fugitive from Mississippi and Tennessee. On July 22, after a hearing pursuant to Section 15 of the Uniform Criminal Extradition Act, Act of July 8, 1941, P.L. 288, 19 P.S. § 191.15, Judge CODY concluded that appellant was the person wanted by the demanding states, and committed him to the county jail pending receipt of Governors' Warrants. On August...

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