373 Pa. 508 | Pa. | 1953
Opinion by
The relator in this case was convicted of murder in South Carolina and sentenced to life imprisonment on July 14, 1926. After serving a term of eight years, the relator escaped on June 14, 1934 and proceeded to McKeesport, Pennsylvania and has resided there or in Pittsburgh, Pennsylvania until the present time. On November 17, 1952 the relator was arrested without a warrant in Pittsburgh on the sworn charge of being a fugitive from justice and immediately given a hearing before a magistrate who directed that he be held in custody in the Allegheny County Jail. On November 10, 1952 the Governor of South Carolina had issued an extradition requisition directed to the Governor of Pennsylvania who issued his warrant on November 18, 1952. Thereafter a petition for a writ of habeas corpus
In this appeal relator contends that he was not. a fugitive from justice; that his arrest without a warrant was a violation of his constitutional rights and that his life would be in danger by his return to South Carolina.
Relator’s contention that he was not a fugitive is based upon his testimony that he was released, from the prison by the two guards who thereafter knew of his whereabouts from the time of that release in 1934 until his arrest in 1952, and during all of this time no attempt was made to have him extradited.. This novel contention is without merit. Relator does not contend that his sentence was invalid. In order to establish the fact that he was not a fugitive as stated in the requisition, the burden was on him to prove (1) that his sentence had been served; or (2) that he had been pardoned or paroled; or (3) a judicial order requiring his release from the South Carolina prison: Cf. Commonwealth ex rel. Bucksbarg v. Good, 162 Pa. Superior Ct. 557, 58 A. 2d 842. Relator was unable to show any of these conditions existed. If he was released by prison guards in South Carolina, the guards were guilty of a criminal offense under the laws of that State: The Code of Laws of South Carolina, Vol. 2, Title 16, Sections 232, 233. The right of a state
Eelator’s contention that his arrest without a warrant was in violation of his constitutional rights is two-fold: first, that Section 14 of the Uniform Criminal Extradition Act of July 8, 1941, P. L. 288, 19 PS §191.14, is unconstitutional as applied to this relator, and second, that Section 10 of the Act was not complied with. Section 14 permits an arrest without a warrant “. . . upon reasonable information that the accused stands charged in the courts of a state with a crime punishable by death or imprisonment for a term exceeding one year, but when so arrested the accused must be taken before a judge or magistrate with all practicable speed, and complaint must be made against him under oath setting forth the ground for the arrest as in the preceding section [i.e. that he was a fugitive from justice], and thereafter his answer shall be heard as if he had been arrested on a warrant.”. Appellant’s contention here is based upon his claim that he was not a fugitive from justice. Since we have determined this claim to be without merit, his contention that his arrest without a warrant was unconstitutional fails.
Section 10 of the Act provides: “No person arrested upon such warrant shall be delivered over to the agent whom the executive authority demanding him shall have appointed'to receive him unless he shall first be taken forthwith, before a judge of a court of record in this State who shall inform him: of the demand made, for his surrender and. of the .crime with which he is charged and that lie has . the right to demand and procure legal counsel, and, if the- prisoner Or his . counsel shall state that, he or. théy desire, .to
As to relator’s contention that his life will be in danger if he is returned to the demanding state, a similar contention was considered and rejected by this Court in the case of Commonwealth ex rel. Hatton v. Dye, 373 Pa. 502, 96 A. 2d 127.
In its order denying the writ, the court below inadvertently directed that the relator be delivered to the proper authorities of the State of Alabama. The court obviously intended that the relator be delivered to the proper authorities of the State of South Carolina, the demanding state.
The first paragraph of the Order of the court below is hereby amended to read as follows : AND NOW, to wit, March 2, 1953, the within matter having come on for hearing in open court, and upon due. consideration thereof, it is ordered that the writ, of-.habeas: corpus is hereby: denied, .and'Charles'L. ¡Dye;; Warden of Allegheny County- Jail, is hereby authorized'and di
As amended, the Order is affirmed.