Com. ex rel. Reis v. Aytch
| Court | Superior Court of Pennsylvania |
| Writing for the Court | Before WRIGHT; WATKINS |
| Citation | 310 A.2d 681,225 Pa.Super. 315 |
| Decision Date | 19 September 1973 |
| Parties | COMMONWEALTH of Pennsylvania ex rel. Lillian REIS, Appellant, v. Superintendent of Philadelphia Prisons, Louis AYTCH. |
Page 681
v.
Superintendent of Philadelphia Prisons, Louis AYTCH.
Rehearing Denied Nov. 7, 1973.
Robert F. Simone, Philadelphia, for appellant.
[225 Pa.Super. 316]
Page 682
Arlen Specter, Dist. Atty., [225 Pa.Super. 315] Milton M. Stein, Asst. Dist. Atty., Chief, Appeals Div., James T. Ranney, Asst. Dist. Atty., Asst. Chief, Appeals Div., James Shellenberger, Asst. Dist. Atty., Philadelphia, for appellee.Before WRIGHT, President Judge, and WATKINS, JACOBS, HOFFMAN, SPAULDING, CERCONE and SPAETH, JJ.
[225 Pa.Super. 316] WATKINS, Judge.
This is an appeal by the defendant-appellant, Lillian Reis, from an order of extradition and the denial of a writ of habeas corpus in the Court of Common Pleas of Philadelphia County, Criminal-Trial Division.
On August 21, 1972, appellant was arrested in Philadelphia and charged with being a fugitive from the State of Florida. On November 2, 1972, the Commonwealth formally arrested the appellant on Governor's Warrants from both Florida and Pennsylvania. The appellant was then granted a continuance to contest the extradition by writ of habeas corpus.
On January 10, 1973, a hearing was held on the petition before the Honorable Ethan Allen Doty. Both Pennsylvania and Florida Warrants were admitted into evidence together with certified and authenticated copies of the information filed against the appellant in Dade County, Florida, and the judgment of sentence of the said Court by which the appellant was adjudged guilty of the charges stated in the information and the sentence to two years in prison.
The Governor's Warrants and accompanying papers also stated that appellant had been charged and was convicted of a crime in Florida, thereafter fled from that State and came into Pennsylvania, and that appellant had been present in the State of Florida at the time of the commission of the crime of which she was convicted.
Appellant complains of several procedural and substantial violations of Pennsylvania and Federal law relating to extradition. However, no facts were asserted to substantiate the allegations complained about. The [225 Pa.Super. 317] appellant also claims several violations of her constitutional rights during the Florida court proceedings. But we are here concerned only with Pennsylvania extradition law and whether its requirements have been met by the...
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Com. ex rel. Marshall v. Gedney
...requisition for extradition and the accompanying affidavits must be accepted as prima facie true, Commonwealth ex rel. Reis v. Aytch, 225 Pa.Super. 315, 310 A.2d 681 (1973), and that a governor's extradition warrant is prima facie evidence that all legal requirements have been met. Commonwe......
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Com. ex rel. Pizzo v. Aytch
...Commonwealth v. Rowe, supra ; Commonwealth v. Murphy, 236 Pa.Super. 37, 344 A.2d 662 (1975); Commonwealth ex rel. Reis v. Aytch, 225 Pa.Super. 315, 310 A.2d 681 (1973), but of evidence secured in violation of the relator's constitutional rights. Commonwealth v. Kulp, supra. In Murphy, for i......
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Commonwealth v. Inadi
...the appellant offered nothing to establish that he was not in New Jersey at the time of the crime. Commonwealth ex rel. Reis v. Aytch, 225 Pa.Super. 315, 310 A.2d 681 (1973). Appellant contends that some of the evidence introduced at the extradition hearing was based on information obtained......
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Com. v. Inadi
...the appellant offered nothing to establish that he was not in New Jersey at the time of the crime. Commonwealth ex rel. Reis v. Aytch, 225 Pa.Super. 315, 310 A.2d 681 Appellant contends that some of the evidence introduced at the extradition hearing was based on information obtained in a wi......
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Com. ex rel. Marshall v. Gedney
...requisition for extradition and the accompanying affidavits must be accepted as prima facie true, Commonwealth ex rel. Reis v. Aytch, 225 Pa.Super. 315, 310 A.2d 681 (1973), and that a governor's extradition warrant is prima facie evidence that all legal requirements have been met. Commonwe......
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Com. ex rel. Pizzo v. Aytch
...Commonwealth v. Rowe, supra ; Commonwealth v. Murphy, 236 Pa.Super. 37, 344 A.2d 662 (1975); Commonwealth ex rel. Reis v. Aytch, 225 Pa.Super. 315, 310 A.2d 681 (1973), but of evidence secured in violation of the relator's constitutional rights. Commonwealth v. Kulp, supra. In Murphy, for i......
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Commonwealth v. Inadi
...the appellant offered nothing to establish that he was not in New Jersey at the time of the crime. Commonwealth ex rel. Reis v. Aytch, 225 Pa.Super. 315, 310 A.2d 681 (1973). Appellant contends that some of the evidence introduced at the extradition hearing was based on information obtained......
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Com. v. Inadi
...the appellant offered nothing to establish that he was not in New Jersey at the time of the crime. Commonwealth ex rel. Reis v. Aytch, 225 Pa.Super. 315, 310 A.2d 681 Appellant contends that some of the evidence introduced at the extradition hearing was based on information obtained in a wi......