Com. ex rel. Dronsfield v. Hohn

CourtUnited States State Supreme Court of Pennsylvania
Writing for the CourtBefore CHARLES ALVIN JONES; BELL
Citation135 A.2d 757,390 Pa. 434
Decision Date11 November 1957
PartiesCOMMONWEALTH of Pennsylvania ex rel. Walter DRONSFIELD v. William R. HOHN, Warden or Keeper of the County Jail. Appeal of COMMONWEALTH of Pennsylvania.

Page 757

135 A.2d 757
390 Pa. 434
COMMONWEALTH of Pennsylvania ex rel. Walter DRONSFIELD
v.
William R. HOHN, Warden or Keeper of the County Jail.
Appeal of COMMONWEALTH of Pennsylvania.
Supreme Court of Pennsylvania.
Nov. 11, 1957.

L. Alexander Sculco, Dist. Atty., John K. Best, Asst. Dist. Atty., B. Patrick Costello, Smith, Best & Horn, Greensburg, for appellant.

H. Reginald Belden, Paul K. McCormick, Greensburg, for appellee.

Before CHARLES ALVIN JONES, C. J., and BELL, CHIDSEY, MUSMANNO, ARNOLD, BENJAMIN R. JONES and COHEN, JJ.

BELL, Justice.

The Commonwealth has appealed from an Order of Decree which discharged the relator in a habeas corpus proceeding[390 Pa. 435] arising from the attempt of the State of Arizona to extradite him for the crime of forgery committed on June 2, 1951.

In May 1951, relator and his immediate superior, Fred Stein, were transferred by their employer, the Holland Furnace Company, from Jackson, Miss. to its Los Angeles office. On May 25, 1951, they arrived

Page 758

in Flagstaff, Arizona. Their cars were broken into on that night or the early morning of May 26th and an income tax refund check in the sum of $900 payable to F. G. Stein and I. Stein was stolen. morning of May 26th and an income tax police, and then proceeded to Los Angeles. Two or three days later they arrived in California, and on May 30, 1951, Dronsfield registered at the Surf Motel, Long Beach, California, where he remained overnight. On June 2, 1951, both Dronsfield and Stein reported for work at the Los Angeles office of Holland Furnace Company. On that day Dronsfield entered into a written salesman contract with the Company.

On June 2, 1951, a man went into the jewelry store of Ernest E. Starr in Winslow, Arizona, purchased a wedding ring for $600 and paid for it with the above mentioned income tax refund check, and received from Starr his check for the difference between the cost of the ring and the amount of the check. Eight months thereafter, Starr's bank advised him that the Stein check had been stolen and that he would have to make it good. Starr refused to reimburse the bank.

The United States Secret Service made a careful investigation of the facts. Starr described the man who cashed the check as being from 28 to 32 years of age, 6 feet tall, weighing 190 lbs. and having dark brown hair. The United States Agent found Dronsfield to be about 5 ft. 7 in. tall; weight approximately 165 lbs.; hair light brown. He also reported that there was no [390 Pa. 436] similarity between Dronsfield's handwriting and the endorsement on the check. Moreover, on December 13,...

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9 practice notes
  • Cooper v. McDermott
    • United States
    • United States State Supreme Court of Pennsylvania
    • 22 Marzo 1960
    ...to extradition proceedings where a State Criminal Statute has been allegedly violated. In Commonwealth ex rel. Dronsfield v. Hohn, 390 Pa. 434, at pages 436, 437, 135 A.2d 757, at page 758, the Court 'Under the Uniform Criminal Extradition Act of July 8, 1941, P.L. 288, the Courts of an asy......
  • Williams v. Wayne County Sheriff, No. 1
    • United States
    • Supreme Court of Michigan
    • 25 Noviembre 1975
    ...doubt); People ex rel. Higley v. Millspaw, 281 N.Y. 441, 24 N.E.2d 117 (1939) ('conclusively'); Commonwealth ex rel. Dronsfield v. Hohn, 390 Pa. 434, 135 A.2d 757 (1957) (overwhelmingly). United States ex rel. Vitiello v. Flood, 374 F.2d 554 (CA 2, 1967) summarizes 'There is no merit to the......
  • Com. ex rel. Kelly v. Santo
    • United States
    • United States State Supreme Court of Pennsylvania
    • 28 Noviembre 1969
    ...elements must be present: Commonwealth ex rel. Pacewicz v. Turley, 399 Pa. 458, 160 A.2d 685; Commonwealth ex rel. Dronsfield v. Hohn, 390 Pa. 434, 135 A.2d 757; Commonwealth ex rel. Hatton v. Dye, 373 Pa. 502, 96 A.2d 127; Commonwealth ex rel. Henderson v. Baldi, 372 Pa. 463, 93 A.2d These......
  • Com. ex rel. Raucci v. Price
    • United States
    • United States State Supreme Court of Pennsylvania
    • 13 Noviembre 1962
    ...elements must be present: Commonwealth ex rel. Pacewicz v. Turley, 399 Pa. 458, 160 A.2d 685; Commonwealth ex rel. Dronsfield v. Hohn, 390 Pa. 434, 135 A.2d 757; Commonwealth ex rel. Hatton v. Dye, 373 Pa. 502, 96 A.2d 127; Commonwealth ex rel. Henderson v. Baldi, 372 Pa. 463, 93 A.2d Secti......
  • Request a trial to view additional results
9 cases
  • Cooper v. McDermott
    • United States
    • United States State Supreme Court of Pennsylvania
    • 22 Marzo 1960
    ...to extradition proceedings where a State Criminal Statute has been allegedly violated. In Commonwealth ex rel. Dronsfield v. Hohn, 390 Pa. 434, at pages 436, 437, 135 A.2d 757, at page 758, the Court 'Under the Uniform Criminal Extradition Act of July 8, 1941, P.L. 288, the Courts of an asy......
  • Williams v. Wayne County Sheriff, No. 1
    • United States
    • Supreme Court of Michigan
    • 25 Noviembre 1975
    ...doubt); People ex rel. Higley v. Millspaw, 281 N.Y. 441, 24 N.E.2d 117 (1939) ('conclusively'); Commonwealth ex rel. Dronsfield v. Hohn, 390 Pa. 434, 135 A.2d 757 (1957) (overwhelmingly). United States ex rel. Vitiello v. Flood, 374 F.2d 554 (CA 2, 1967) summarizes 'There is no merit to the......
  • Com. ex rel. Kelly v. Santo
    • United States
    • United States State Supreme Court of Pennsylvania
    • 28 Noviembre 1969
    ...elements must be present: Commonwealth ex rel. Pacewicz v. Turley, 399 Pa. 458, 160 A.2d 685; Commonwealth ex rel. Dronsfield v. Hohn, 390 Pa. 434, 135 A.2d 757; Commonwealth ex rel. Hatton v. Dye, 373 Pa. 502, 96 A.2d 127; Commonwealth ex rel. Henderson v. Baldi, 372 Pa. 463, 93 A.2d These......
  • Com. ex rel. Raucci v. Price
    • United States
    • United States State Supreme Court of Pennsylvania
    • 13 Noviembre 1962
    ...elements must be present: Commonwealth ex rel. Pacewicz v. Turley, 399 Pa. 458, 160 A.2d 685; Commonwealth ex rel. Dronsfield v. Hohn, 390 Pa. 434, 135 A.2d 757; Commonwealth ex rel. Hatton v. Dye, 373 Pa. 502, 96 A.2d 127; Commonwealth ex rel. Henderson v. Baldi, 372 Pa. 463, 93 A.2d Secti......
  • Request a trial to view additional results

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