Com. ex rel. Henderson v. Baldi

CourtUnited States State Supreme Court of Pennsylvania
Citation372 Pa. 463,93 A.2d 458
PartiesCOMMONWEALTH ex rel. HENDERSON v. BALDI, Superintendent of County Prison.
Decision Date05 January 1953

Page 458

93 A.2d 458
372 Pa. 463
COMMONWEALTH ex rel. HENDERSON
v.
BALDI, Superintendent of County Prison.
Supreme Court of Pennsylvania.
Jan. 5, 1953.

[372 Pa. 464] Lewis Tanner Moore, Philadelphia, for appellant.

James W. Tracey, Jr., Deputy Asst. Atty. Gen., for State of Georgia.

Malcolm Berkowitz, Asst. Dist. Atty., Samuel Dash, Asst. Dist. Atty., Michael von Moschzisker, 1st. Asst. Dist. Atty., and Richardson Dilworth, Dist. Atty., Philadelphia, for appellee.

Before STERN, C. J., and STEARNE, JONES, BELL and CHIDSEY, JJ.

JONES, Justice.

This appeal is from a final order of a judge of the Court of Common Pleas No. 7 of Philadelphia County denying the relator's petition for a writ of habeas corpus. Apparently the proceeding below was mistakenly pursued for a time in the Court of Quarter Sessions. However, it appears that the rule on the petition was granted and the matter heard and disposed of by a judge of the Court of Common Pleas. We shall accordingly treat with the appeal on its merits the same as if the proceeding had been regularly docketed in the Court of Common Pleas as it originally should have been: see Act of May 25, 1951, P.L. 415, 12 P.S. §§ 1901, 1907. The application for the writ was intended to avoid the extradition of the relator. The case, therefore, falls within the description, 'all other cases', in Section 7 of the Act of 1951, supra, and the appeal properly lies to this court.

The relator is a fugitive convict from the State of Georgia where he is under a life sentence imposed following his conviction of murder upon his plea of guilty. After he had served less than a year of the sentence, he escaped and fled the State. He was apprehended in Philadelphia on October 11, 1951, where he was lodged in the Moyamensing County Prison as a fugitive from justice. In due course his extradition to Georgia was requested by the Governor of that State and on November 7, 1951, the Governor of Pennsylvania, by order formally entered, honored the request. The relator thereupon filed his petition in the court below for a writ of habeas corpus alleging that if he was returned to Georgia, he would be subjected to cruel and unusual

Page 459

punishment in violation of constitutional prohibitions. After a full hearing on the merits, the court below, concluding that '* * * there is no substance whatever in relator's alleged fear that [372 Pa. 466] he will suffer cruel and inhuman punishment if he is returned to Georgia,' denied the petition. It is...

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10 cases
  • Cooper v. McDermott
    • United States
    • United States State Supreme Court of Pennsylvania
    • March 22, 1960
    ...(3) if he is a fugitive from the demanding state, and (4) if the requisition papers are in order. Commonwealth ex rel. Henderson v. Baldi, 372 Pa. 463, 93 A.2d 458; Commonwealth ex rel. Taylor v. Supt., Phila. County Prison, 382 Pa. 181, 114 A.2d 343; Page 491 Commonwealth ex rel. Hatton v.......
  • Com. ex rel. Kelly v. Santo
    • United States
    • United States State Supreme Court of Pennsylvania
    • November 28, 1969
    ...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 requirements are impliedly approved in the majority Opinion. However, the majority rely upon the exception to the general rul......
  • Com. ex rel. Raucci v. Price
    • United States
    • United States State Supreme Court of Pennsylvania
    • November 13, 1962
    ...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 Section 20 of the Uniform Criminal Extradition Act is particularly applicable on this appeal: 'The guilt or innocence of the accuse......
  • Ex parte Arrington, 44481
    • United States
    • United States State Supreme Court of Missouri
    • July 19, 1954
    ...Ala.App. 21, 200 So. 115; Ennist v. Baden, 158 Fla. 141, 28 So.2d 160; Hattaway v. Culbreath, Fla., 57 So.2d 661; Commonwealth v. Baldi, 372 Pa. 463, 93 A.2d 458; Commonwealth ex rel. Thomas v. Superintendent Philadelphia County Prison, 372 Pa. 595, 94 A.2d 732; Ex parte Riccardi, 68 Ariz. ......
  • Request a trial to view additional results

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