235 Pa. Super. 10 | Pa. Super. Ct. | 1975
Opinion by
This is an appeal from an order of the Court of Common Pleas of Dauphin County denying appellant’s petition for a writ of habeas corpus and ordering his extradition to the State of Florida. For the reasons that follow we affirm the order of the court below.
On June 7, 1974, appellant, Wilbur A. Stile, was arrested in Harrisburg, Pennsylvania, as a fugitive from justice from the State of Florida.
Appellant first contends that the Commonwealth failed to comply with the provisions of the Uniform Criminal Extradition Act.
In the case of Dressel v. Bianco, 168 Colo. 517, 452 P.2d 756 (1969), the Supreme Court of Colorado was presented with a similar argument arising out of a virtually identical factual situation. In Dressel, supra, the Colorado Court held that where the defendant was arrested as a fugitive on December 21, 1966, and released on a bond returnable on January 17, 1967; and where on January 16, 1967, the trial court entered an ex parte order continuing the hearing and bond until February 15, 1967, because the requisition papers had not yet arrived from the demanding state, the trial court had substantially complied with the statute.
Lastly, appellant contends that the Commonwealth did not sufficiently establish his identity as the individual charged with the crimes in the State of Florida. In this connection, appellant submits that the only person who
Order affirmed.
. An information had been filed in Broward County, Florida, charging appellant'’and Para-Metric Systems, Inc., a Florida corporation, with the crimes of: sale of unregistered securities, and sale of securities without registering as a salesman. A capias was then issued for appellant’s arrest and forwarded to Dauphin County, Pennsylvania, where a criminal complaint was issued on June 5, 1974.
. Act of July 8, 1941, P.L. 288, 19 P.S. §§ 191.1 et seq.
. 19 P.S. § 191.17. “Extension of time of commitment; adjournment. — If the accused is not arrested under warrant of the Governor by the expiration of the time specified in the warrant or bond, a judge or magistrate may discharge him or may recommit him for a further period, not to exceed sixty days, or a judge or magistrate may again take bail for his appearance and surrender, as provided in Section 16, but within a period not to exceed sixty days after the date of such new bond.” (Footnote omitted).
. The Colorado statute, C.R.S. 1963, 60-1-17, is identical to 19 P.S. § 191.17, supra.
. Parenthetically, we note the significance of the fact that appellant’s petition for a writ of habeas corpus (in which he first challenged the validity of the procedure employed by the Commonwealth) was not filed until thirteen days after the governor’s warrant was issued and seven days after he was arrested on that warrant. Although neither party has addressed itself to this issue, we note that courts in several other jurisdictions have held “that the question of the legality or illegality of prior extradition proceedings becomes moot upon the issuance and service of a governor’s warrant.” Alkerton v. Wingenbach, - N.D. -, 217 N.W.2d 787, 791 (1974). Also see Dressel v. Bianco, supra; People ex rel. Gummow v. Larson, 35 Ill. 2d 280, 220 N.E. 2d 165 (1966); Cohen v. Warden, Montgomery Co. Deten. Ctr., Rockville, Md., 252 F. Supp. 666 (D. Md. 1966).