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COM. ex rel. KELLY v. SANTO

436 Pa. 204 (1969)

Commonwealth ex rel. Kelly, Appellant, v. Santo.

Supreme Court of Pennsylvania.

November 28, 1969.

Attorney(s) appearing for the Case

F. Emmett Fitzpatrick, Jr., with him James J. Wilson, for appellants.

Paul R. Michel, Assistant District Attorney, with him Harold K. Don, Jr. and James D. Crawford, Assistant District Attorneys, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for appellee.

Before BELL, C.J., JONES, COHEN, EAGEN, O'BRIEN, ROBERTS and POMEROY, JJ.

OPINION BY MR. JUSTICE EAGEN, November 28, 1969:

Harold Gelvan, Richard Berman, Major Coxson and Count Kelly were indicted in the State of New York for grand larceny and conspiracy to commit grand larceny. Subsequently, Kelly and Coxson were taken into custody in the City of Philadelphia, Pennsylvania, and confined while awaiting extradition. Habeas corpus proceedings were instituted contesting the legality of their arrests...

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