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COM. ex rel. MARSHALL v. GEDNEY

456 Pa. 570 (1974)

Commonwealth ex rel. Marshall, Appellant, v. Gedney.

Supreme Court of Pennsylvania.

July 1, 1974.

Attorney(s) appearing for the Case

Douglas Riblet, Assistant Defender, with him Andrea Levin and John W. Packel, Assistant Defenders, and Vincent J. Ziccardi, Defender, for appellant.

Michael F. Henry, Assistant District Attorney, with him Steven H. Goldblatt, Assistant District Attorney, Abraham J. Gafni, Deputy District Attorney, Richard A. Sprague, First Assistant District Attorney, and F. Emmett Fitzpatrick, District Attorney, for appellee.

Before JONES, C.J., EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.

OPINION BY MR. JUSTICE ROBERTS, July 1, 1974:

Ruby Marshall was arrested by Philadelphia police on a fugitive warrant prompted by an extradition request from the governor of Kansas. This appeal is from the denial by the court of common pleas of appellant's petition for a writ of habeas corpus. Because the only issue presented is whether appellant may be extradited, jurisdiction on appeal is properly in the Superior Court. We therefore transfer the appeal to that court...

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