36 Pa. Super. 125 | Pa. Super. Ct. | 1908
Opinion by
Much of the discussion to which our attention is directed in the paper-books of the appellant and appellee is beyond the limits of our legitimate inquiry. The appeal is in effect a certiorari, in which our jurisdiction is 1 estríe ted to an exami
It is not necessary that the person accused should have fled from the state in which the crime is alleged to have been committed or have left it in apprehension of a prosecution to constitute him a fugitive from justice within the meaning of the federal statute. If, having been within a state, he is accused of having committed while there that which by its laws constitutes a crime and, when he is sought to be subjected to criminal proceeding therefor, he has left its jurisdiction and is found within another state he is a fugitive from justice. It is not important whether the accused leaves the-state to
Since the foregoing opinion was written an opinion was handed down by the Supreme Court in the case of Com. ex rel. Richard C. Flower v. the Superintendent of Philadelphia County Prison, 220 Pa. 401, which sustains the conclusions-here reached.
The order directing the relator’s discharge is reversed and it is now ordered That the said Buell N. Burlingame be remanded to the custody of the sheriff of Blair county.