Com. ex rel. Coades v. Gable
| Court | United States State Supreme Court of Pennsylvania |
| Writing for the Court | Before BELL; POMEROY |
| Citation | 437 Pa. 553,264 A.2d 716 |
| Decision Date | 22 April 1970 |
| Parties | COMMONWEALTH of Pennsylvania ex rel. John COADES, Jr., Appellants, v. John I. GABLE, Warden, Delaware County Prison. COMMONWEALTH of Pennsylvania ex rel. Allen COADES, Appellants, v. John I. GABLE, Warden, Delaware County Prison. |
Page 716
v.
John I. GABLE, Warden, Delaware County Prison.
COMMONWEALTH of Pennsylvania ex rel. Allen COADES, Appellants,
v.
John I. GABLE, Warden, Delaware County Prison.
Page 717
W. Donald Sparks, Chester, for appellants.
[437 Pa. 554] Stephen J. McEwen, Jr., Dist. Atty., Ralph B. D'Iorio, Asst. Dist. Atty., Anna I. Vadino, Asst. Dist. Atty., Media, for appellee.
[437 Pa. 553] Before BELL, C.J., and JONES, COHEN, EAGEN, O'BRIEN, ROBERTS, and POMEROY, JJ.
[437 Pa. 554] OPINION OF THE COURT
POMEROY, Justice.
Appellants, John Coades, Jr. and Allen Coades, filed separate petitions for writs of habeas corpus in the Court of Common Pleas of Delaware County pursuant to the provisions of § 10 of the Uniform Criminal Extradition Act, Act of July 8, 1941, P.L. 288, § 10, 19 P.S. § 191.10 ('the Act') to test the legality of their detention in Pennsylvania and their extradition to the State of Delaware where they had been indicted for second degree murder. A hearing was held after which the court dismissed the petitions and ordered that appellants be delivered for extradition. 1 These appeals followed.
Page 718
We have held that extradition under the Act will be ordered if, '(1) the subject of the extradition is charged with a crime in the demanding state; (2) the subject of extradition is a fugitive from the demanding state; (3) the subject of the extradition was present in the demanding state at the time of the commission of the crime; (and) (4) if the requisition papers are in order.' Commonwealth ex rel. Raucci v. Price, 409 Pa. 90, 95, 185 A.2d 523, 526 (1962); [437 Pa. 555] Commonwealth ex rel. Edgar v. Davis, 425 Pa. 133, 135, 228 A.2d 742 (1967).
Underlying the rendition of the subject from Pennsylvania to the demanding state, however, is the presupposition that he is indeed the person charged in that state. Thus we have held that, '(i)n every extradition proceeding, the relator has an absolute right to require that his identity as the person named in the Extradition Requisition be established and proved by the weight of credible evidence.' Commonwealth ex rel. Edgar v. Davis, Supra.
Appellants' only contention on these appeals, as expressed in their joint brief, is addressed to the identification question. Specifically, they contend that the court below erred in dismissing their petitions because...
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Com. ex rel. Marshall v. Gedney
...have the unqualified right to require proof that he is the person named in the extradition papers. Commonwealth ex rel. Coades v. Gable, 437 Pa. 553, 264 A.2d 716 (1970). However, our courts have refused to examine other alleged defects in the extradition, Commonwealth ex rel. Raucci v. Pri......
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Com. ex rel. Marshall v. Gedney
...have the unqualified right to require proof that he is the person named in the extradition papers. Commonwealth ex rel. Coades v. Gable, 437 Pa. 553, 264 A.2d 716 (1970). However, our courts have refused to examine other alleged defects in the extradition, Commonwealth ex rel. Raucci v. Pri......
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Com. ex rel. Coleman v. Cuyler
...in the demanding state. Commonwealth ex rel. Marshall v. Gedney, 478 Pa. 299, 386 A.2d 942 (1978); Commonwealth ex rel. Coades v. Gable, 437 Pa. 553, 264 A.2d 716 (1970). By no means are these requirements always met. See, e. g., Commonwealth ex rel. Walker v. Hendrick, 434 Pa. 175, 253 A.2......
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Com. ex rel. Marshall v. Gedney
...being held in the asylum state is in fact the person charged with the crime in the demanding state. See Com. ex rel. Coades v. Gable, 437 Pa. 553, 264 A.2d 716 (1970); Ripepi Extradition Case, 427 Pa. 507, 235 A.2d 141 (1967). Com. ex rel. Edgar v. Davis, 425 Pa. 133, 228 A.2d 742 (1967). A......
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Com. ex rel. Marshall v. Gedney
...have the unqualified right to require proof that he is the person named in the extradition papers. Commonwealth ex rel. Coades v. Gable, 437 Pa. 553, 264 A.2d 716 (1970). However, our courts have refused to examine other alleged defects in the extradition, Commonwealth ex rel. Raucci v. Pri......
-
Com. ex rel. Marshall v. Gedney
...have the unqualified right to require proof that he is the person named in the extradition papers. Commonwealth ex rel. Coades v. Gable, 437 Pa. 553, 264 A.2d 716 (1970). However, our courts have refused to examine other alleged defects in the extradition, Commonwealth ex rel. Raucci v. Pri......
-
Com. ex rel. Coleman v. Cuyler
...in the demanding state. Commonwealth ex rel. Marshall v. Gedney, 478 Pa. 299, 386 A.2d 942 (1978); Commonwealth ex rel. Coades v. Gable, 437 Pa. 553, 264 A.2d 716 (1970). By no means are these requirements always met. See, e. g., Commonwealth ex rel. Walker v. Hendrick, 434 Pa. 175, 253 A.2......
-
Com. ex rel. Marshall v. Gedney
...being held in the asylum state is in fact the person charged with the crime in the demanding state. See Com. ex rel. Coades v. Gable, 437 Pa. 553, 264 A.2d 716 (1970); Ripepi Extradition Case, 427 Pa. 507, 235 A.2d 141 (1967). Com. ex rel. Edgar v. Davis, 425 Pa. 133, 228 A.2d 742 (1967). A......