Commonwealth v. Superintendent of County Prison

Citations

• 33 Pa. Super. 594
• 1907 Pa. Super. LEXIS 344

Syllabus

<p>Extradition — Constitutional law — Sufficiency of warrant — Character of the offense.</p> <p>Under the act of congress of February 12, 1793, Rev. Stat. 1022, passed in furtherance of section 2, art. IV, of the constitution of the United [States relating to extraditions, it is requisite that a demand for the fugitive from justice be made by the executive authority of the state or territory from which he fled; that this be accompanied by an indictment found, or an affidavit made before a magistrate charging the fugitive with having committed a crime against the law of the state or territory; and that the copy of the indictment or affidavit be certified as authentic by the chief executive of the state or territory from which such person fled; but it is not necessary that the warrant issued by the governor should show that the offense alleged in the indictment is contrary to the statute or common law of the state where the offense is alleged to have been committed.</p> <p>Appeals — Records—Evidence—Extradition proceedings — Bill of exceptions.</p> <p>An appeal from an order in extradition proceedings takes up only the record, and not the evidence. The fact that the judge of the quarter sessions granted a bill of exceptions, is immaterial, since it is based on no statutory authority.</p>