Commonwealth Ex Rel. Douglass v. Aytch

Opinion by

Hoffman, J.,

This appeal involves the question of whether a dismissal “with prejudice” of Governor’s Warrants in an extradition proceeding bars a subsequent rearrest and hearing on the same fugitive charges.

*197On February 4-, 1972, a warrant was lodged against the appellant, charging him with being a fugitive from justice from New Jersey. On March 3, March 29 and April 19, scheduled hearings were continued at the request of the Commonwealth due to the absence of Governor’s Warrants. On April 28 and May 1, 1972, the extradition hearing was again continued because appellant failed to…