Commonwealth ex rel. Marshall v. Gedney

Dissenting Opinion by

Spaeth, J.:

This case presents a question of first impression in Pennsylvania: When a request for extradition is based on an affidavit sworn to before a magistrate in another state, is there a constitutional requirement that the affidavit set forth probable cause for arrest?1

Appellant was arrested in Philadelphia on September 6, 1973, and charged with being a fugitive from Kansas, where she was charged with felonious homicide. A peti*381tion for a writ of habeas corpus was filed, and she was released because the Commonwealth was unable to produce evidence required by Section…