Commonwealth ex rel. Marshall v. Gedney

Opinion by

Price, J.,

The question presented in this appeal is quite narrow and may be simply stated. In an extradition proceeding, must the demanding state demonstrate sufficient probable cause to arrest relator before extradition will be granted? The lower court determined that the asylum state could not insist on a showing of probable cause. We are convinced that the determination of probable cause is not the province of the asylum state and we will, therefore, affirm the order of the lower court.

The history of the case indicates that relator was initially arrested on September 6, 1973, by…