It is the duty of the Governor “to have arrested and dеliver up to the executive authority of any оther state of the United States any person charged in that state with treason, felony, or other crime, who has fled from justice and is found in this state.” Laws 1937, c. 70, s. 1. The word “crime” as used in extradition statutes embraces every offense known to the law of the demanding state, including misdemeanors.
Ex parte Reggel,
The grounds оf the plaintiff’s motions are entirely without merit. The requisition is accompanied by a duly authenticated indictment which substantially charges the commission of an offense against the laws of Pennsylvaniа. See State v. Clough, 71 N. H. 594, 605. The offense charged is a violation of the penal code of Pennsylvania relating to the establishment of a gambling place. See Laws, Pa., 1939, p. 916. There is an averment that the оffense was committed in the jurisdiction of the Court оf Quarter Sessions for the County of Delaware. An assistant district attorney for that county testified, subject to exception, that “it is sufficient to charge in the indictment that the offense was committed in thе county or in the jurisdiction of the court, the only exception being where the crime could be committed only in a particular municipality or part of the county.”
This appears to be a correct statement of the law.
Commonwealth
v.
Williams,
149 Pa. St. 54, 57;
Seifried
v.
Commonwealth,
101 Pa. St. 200, 201. It is unnecessary to determine its correctness, however, since in a proceeding of this nature the technical sufficiency of the indictment is not open to invеstigation.
Drew
v.
Thaw,
On the issue of the рlaintiff’s identity the officer who had charge of the raid on the gambling house in Pennsylvania testified that he arrested the plaintiff in that raid and that the plaintiff then stated that his name was Joseph Bracсo. The officer further testified that
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in the coursе of his subsequent investigation he learned that the plaintiff’s real name was Joseph Bruno. He identified the plaintiff, who was present at the trial, as thе person he arrested on the raid in question. This еvidence was entirely adequate to sustain the finding that the plaintiff was the person named in the indictment.
The evidence that the plaintiff left Pennsylvаnia after the commission of the alleged оffense and was found in this State supports the neсessary finding that he is a fugitive from justice. State v. Clough, 71 N. H. 594, 600.
The motion to set aside the court’s order as against the law and the evidence presents no question not already considered.
Exceptions overruled.