Com. ex rel. Edgar v. Davis
| Court | United States State Supreme Court of Pennsylvania |
| Writing for the Court | Before BELL; BELL |
| Citation | 228 A.2d 742,425 Pa. 133 |
| Parties | COMMONWEALTH of Pennsylvania ex rel. Kenneth EDGAR, Appellant, v. William H. DAVIS, Sheriff of Allegheny County. |
| Decision Date | 18 April 1967 |
Page 742
v.
William H. DAVIS, Sheriff of Allegheny County.
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Herbert B. Lebovitz, Lebovitz & Lebovitz, Pittsburgh, for appellant.
Robert W. Duggan, Dist. Atty., Edwin J. Martin, Asst. Dist. Atty., Charles B. Watkins, Asst. Dist. Atty., Pittsburgh, for appellee.
Before BELL, C.J., and MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.
[425 Pa. 134] OPINION OF THE COURT
BELL, Chief Justice.
Relator, Kenneth Edgar, filed a petition for a writ of habeas corpus in the Court of Common Pleas of Allegheny County pursuant to the provisions of Section 10 of the Uniform Criminal Extradition Act, 1 to test the legality of his arrest and extradition to the State of South Dakota.
On May 2, 1966, the Governor of South Dakota pursuant to the Uniform Criminal Extradition Act transmitted to the Governor of the Commonwealth of Pennsylvania a Requisition for Extradition of Kenneth Edgar to South Dakota authorities. The form of the Requisition for Extradition complied with all the requirements of Section 3 of the Extradition Act, 19 P.S. § 191.3. The Governor of Pennsylvania thereupon issued his warrant for the arrest and extradition of (a person named) Kenneth Edgar and the relator, whose name is Kenneth Edgar, was arrested on April 15, 1966, in Allegheny County.
Relator was charged with the crime of obtaining property under false pretenses, which is a violation of Section 13.4202 of the South Dakota Code of 1939. The property which was ordered by telephone was loaded into a car by a person who called himself Kenneth Edgar and taken away and never paid for or returned.
On July 7, 1966, a hearing was held in the habeas corpus proceeding and after this hearing the Court below denied relator's petition. From the Order of the lower Court, Edgar took this appeal.
Relator contends that he cannot lawfully be detained or extradited because (1) he was not present in [425 Pa. 135] South Dakota at or during the time the alleged
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crime was committed; and (2) he was not identified at the habeas corpus hearing as the Kenneth Edgar named in the South Dakota Requisition for Extradition. Relator is entitled to raise the issue of whether he was in South Dakota at the time the alleged crime was committed. In Commonwealth ex rel. Raucci v. Price, 409 Pa. 90, page 95, 185 A.2d 523, page 526, we said:'Our scope of review in extradition cases is restricted. By the terms of the Uniform Criminal Extradition Act of July 8, 1941, P.L. 288, § 1 et seq., 19 P.S. § 191.1 et seq., the courts of an asylum state may not determine the guilt or innocence of the party sought...
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Com. ex rel. Kelly v. Santo
...is legally limited. Commonwealth ex rel. Walker v. Hendrick, 434 Pa. 175, 253 A.2d 95 (1969), and Commonwealth ex rel. Edgar v. Davis, 425 Pa. 133, 228 A.2d 742 (1967). Such courts may not inquire into or determine the guilt or innocence of the party sought to be extradited. Commonwealth ex......
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Cain v. Moore
...state); Commonwealth ex rel. Douglass v. Aytch, 225 Pa.Super. 195, 310 A.2d 313 (1973); Commonwealth Page 726 ex rel. Edgar v. Davis, 425 Pa. 133, 137, 228 A.2d 742 In this case, the grant of the habeas corpus discharge upon the first warrant was on procedural grounds; viz: the technical de......
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Hithe v. Nelson, No. 24532
...States, 9 Cir., 381 F.2d 67; Chew v. Boyd, 9 Cir., 309 F.2d 857. [172 Colo. 186] The petitioner cites Commonwealth ex rel. Edgar v. Davis, 425 Pa. 133, 228 A.2d 742 and Commonwealth ex rel. Walker v. Hendrick, 434 Pa. 175, 253 A.2d 95 as authority for the contrary view that when identity is......
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Com. ex rel. Coleman v. Cuyler
...always met. See, e. g., Commonwealth ex rel. Walker v. Hendrick, 434 Pa. 175, 253 A.2d 95 (1969); Commonwealth ex rel. Edgar v. Davis, 425 Pa. 133, 228 A.2d 742 (1967); Commonwealth ex rel. Lang v. Case, --- Pa.Super. ---, 390 A.2d 1341 (1978). Indeed, in this case, the record shows that Ne......
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Com. ex rel. Kelly v. Santo
...is legally limited. Commonwealth ex rel. Walker v. Hendrick, 434 Pa. 175, 253 A.2d 95 (1969), and Commonwealth ex rel. Edgar v. Davis, 425 Pa. 133, 228 A.2d 742 (1967). Such courts may not inquire into or determine the guilt or innocence of the party sought to be extradited. Commonwealth ex......
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Cain v. Moore
...state); Commonwealth ex rel. Douglass v. Aytch, 225 Pa.Super. 195, 310 A.2d 313 (1973); Commonwealth Page 726 ex rel. Edgar v. Davis, 425 Pa. 133, 137, 228 A.2d 742 In this case, the grant of the habeas corpus discharge upon the first warrant was on procedural grounds; viz: the technical de......
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Hithe v. Nelson, No. 24532
...States, 9 Cir., 381 F.2d 67; Chew v. Boyd, 9 Cir., 309 F.2d 857. [172 Colo. 186] The petitioner cites Commonwealth ex rel. Edgar v. Davis, 425 Pa. 133, 228 A.2d 742 and Commonwealth ex rel. Walker v. Hendrick, 434 Pa. 175, 253 A.2d 95 as authority for the contrary view that when identity is......
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Com. ex rel. Coleman v. Cuyler
...always met. See, e. g., Commonwealth ex rel. Walker v. Hendrick, 434 Pa. 175, 253 A.2d 95 (1969); Commonwealth ex rel. Edgar v. Davis, 425 Pa. 133, 228 A.2d 742 (1967); Commonwealth ex rel. Lang v. Case, --- Pa.Super. ---, 390 A.2d 1341 (1978). Indeed, in this case, the record shows that Ne......