Commonwealth Ex Rel. Reyes v. Aytch
Commonwealth Ex Rel. Reyes v. Aytch
Opinion of the Court
Appellant contends that the lower court improperly ordered extradition because (1) the extradition proceeding was properly within the jurisdiction of the Juvenile Court and not the Court of Common Pleas; (2) appellant’s confession, taken in violation of his rights, was insufficient to enable the Commonwealth to meet its burden of proof of identity as required by the Uniform Criminal Extradition Act;
Appellant, a seventeen-year-old wanted in New Jersey for murder, was arrested as a fugitive at his
“(1) Proceedings in which a child is alleged to be delinquent or deprived.
“(2) Proceedings arising under sections 32 through 35 [11 P.S. § 50-329 to 11 P.S. § 50-332].
“(3) Transfers arising under section 7 [11 P.S. § SO-SOS],
“(4) Proceedings under the ‘Interstate Compact on Juveniles’, section 731, Act of June 13, 1967 (P. L. 31) known as the ‘Public Welfare Code’ ”.3 4
Appellant argues tñat subsections (1), (3) and (4) provide the Juvenile Court with jurisdiction over the instant case.
Subsections (1) and (3) are irrelevant to appellant’s case for the reasons stated in Commonwealth ex rel. Colbert v. Aytch, 246 Pa.Super. 278, 369 A.2d 1321 (1976): Pennsylvania has not sought jurisdiction over the appellant in “any proceeding in which a child is alleged to be delinquent”; rather, Pennsylvania’s sole purpose in exercising its jurisdiction was to return appellant to New Jersey at that state’s request. Nor is this a proceeding in which a child is charged with the crime of murder, because the substantive crime will be tried in New Jersey; appellant is before the court in Pennsylvania solely to determine whether he may properly be extradited to New Jersey.
It remains to be determined whether subsection (4), proceedings under the Interstate Compact on Juve-
Appellant contends that the evidence was insufficient for extradition. He asserts that his confession is entitled to no weight because it was obtained in violation of his constitutional rights. Appellant correctly notes that our Supreme Court has held that a juvenile’s confession is inadmissible unless an opportunity to consult with a parent or other adult is afforded. See, e. g., Commonwealth v. Smith, 465 Pa. 310, 350 A.2d 410 (Filed January 29, 1976); Commonwealth v. Chaney, 465 Pa. 407, 350 A.2d 829 (Filed Nov. 26, 1975); Commonwealth v. McCutchen, 463 Pa. 90, 343 A.2d 669
At the habeas corpus hearing in the instant case, the Commonwealth not only presented the demand papers from New Jersey and the warrant issued by the Governor of Pennsylvania, but also the testimony of the arresting Pennsylvania officer, Detective Bethel. Detective Bethel testified that the appellant answered to the name of Robert Reyes, knew the birth date of Robert Reyes, and fit the physical description of Robert Reyes. This evidence is sufficient to identify the appellant as the person demanded in the requisition papers. While the appellant’s confession was also used to identify him, it was merely cumulative. Thus, the Commonwealth presented
Appellant contends finally that the warrant did not demonstrate probable cause to believe that he committed the crime alleged by New Jersey. This contention was explicitly rejected in Commonwealth ex rel. Marshall v. Gedney, 237 Pa.Super. 372, 352 A.2d 528 (1975).
Order affirmed.
. Act of July 8, 1941, P.L. 288, § 1, 19 P.S. I 191.1 et seq.
. Although under the Appellate Court Jurisdiction Act of July 31, 1970, P.L. 673, No. 223, art. I, § 101, et seq.; 17 P.S. § 211.202, felonious homicide is under the exclusive jurisdiction of the Supreme Court, the section refers to cases in which the accused has been convicted in Pennsylvania. When the trial on the felonious homicide charge is to take place in another state, and Pennsylvania’s jurisdiction consists solely of the extradition proceeding, that proceeding is clearly within the jurisdiction of the Superior Court. 17 P.S. § 211.302. See Commonwealth ex rel. Colcough v. Aytch, 227 Pa.Super. 527, 323 A.2d 359 (1974).
. Act of December 6, 1972, P.L. 14,64, No. 333, § 3; 11 P.S. § 50-103.
. Act of June 13, 1967, P.L. 31, No. 21, art. 7, § 731; 62 P.S. § 731.
. Act of July 25, 1973, P.L. 201, No. 49, § 2, Article XVII; 62 P.S. § 731.
Dissenting Opinion
dissenting:
For the reasons discussed in my dissenting opinion in Commonwealth ex rel. Marshall v. Gedney, 237 Pa.Super. 372, 352 A.2d 528 (1975), it is my view that where a request for extradition is based on affidavits sworn to before a magistrate in another state, the affidavits must be sufficient to support a finding of probable cause. Here, the Commonwealth did not introduce the affidavits into evidence. Accordingly, probable cause does not appear. I would therefore reverse.
Reference
- Full Case Name
- COMMONWEALTH of Pennsylvania Ex Rel. Robert REYES, Appellant, v. Louis AYTCH, Superintendent Philadelphia County Prison
- Cited By
- 7 cases
- Status
- Published