Legal Opinion

Commonwealth v. Superintendent of Philadelphia County Prison

Supreme Court of Pennsylvania

Decided March 16, 1908No. Appeal, No. 228PublishedCited by 62 opinions

Appeal, No. 228, Jan. T., 1908, by plaintiffs, from judgment of Superior Court, Oct. T., 1906, No. 1,906, affirming order of Q. S. Phila. Co., Eeb. T., 1907, No. 2, remanding relator to custody in case of Commonwealth ex rel. Richard C. Flower v. The Superintendent of Philadelphia County Prison. Appeal from judgment of the Superior Court. The facts appear by the opinion of the Supreme Court. See 33 Pa. Superior Ct. 594. Error assigned was the judgment of the Superior Court.

1Opinion of the Court

Opinion by

Mr. Justice Mestrezat,

The constitution of the United States, article IY, section 2, provides that: “ A person charged in any state with treason, felony or other crime, who shall flee from, justice, and be found in another state, shall, on demand of the executive authority of the state from which he fled, be delivered up, to be removed to the state having jurisdiction of the crime.” Pursuant to this constitutional provision and to carry it into effect, congress passed an act which provides that: “ Whenever the executive authority of any state or territory demands any person as a…

2Cases cited10 opinions

  1. Roberts v. ReillySupreme Court of the United States · 1885
  2. Munsey v. CloughSupreme Court of the United States · 1905
  3. Hyatt v. People Ex Rel. CorkranSupreme Court of the United States · 1903
  4. Appleyard v. MassachusettsSupreme Court of the United States · 1906
  5. Ex Parte ReggelSupreme Court of the United States · 1885

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3Cited by62 opinions

  1. Commonwealth v. OrieSuperior Court of Pennsylvania · 2014
  2. Commonwealth v. EVANSSuperior Court of Pennsylvania · 1959
  3. Chase v. State Ex Rel. BurchSupreme Court of Florida · 1927
  4. In re ThompsonNew Jersey Court of Chancery · 1915
  5. Commonwealth Ex Rel. Edgar v. DavisSupreme Court of Pennsylvania · 1967

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