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COM. ex rel. THOMAS v. SUPT. PHILA. CO. PRISON

372 Pa. 595 (1953)

Commonwealth ex rel. Thomas, Appellant, v. Superintendent, Philadelphia County Prison.

Supreme Court of Pennsylvania.

February 13, 1953.

Attorney(s) appearing for the Case

Leon Rosenfield, with him John Patrick Walsh, for appellant.

Samuel Dash, Assistant District Attorney, with him Martin Vinikoor, Assistant District Attorney, Michael von Moschzisker, First Assistant District Attorney and Richardson Dilworth, District Attorney, for appellee.

Before STERN, C.J., STEARNE, JONES, BELL, CHIDSEY, MUSMANNO and ARNOLD, JJ.

OPINION BY MR. JUSTICE JONES, February 13, 1953:

The relator appeals from an order of the court below denying his petition for a writ of habeas corpus whereby he sought release from an extradition order of the Governor of Pennsylvania issued upon the requisition of the Governor of Florida.

In early January, 1952, the relator, Thomas, and a friend, one Peter DeMayo (Demeo), both residents of Philadelphia, together drove to Florida. On January 11th, R.J. Priest...

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