# Commonwealth Ex Rel. Quackenbush v. Fairchild

> Superior Court of Pennsylvania · October 16, 1981 · 291 Pa. Super. 358

URL: https://www.frixlaw.com/law-library/cases/9645107

## Case

- **Full name:** COMMONWEALTH of Pennsylvania Ex Rel. Lewis QUACKENBUSH v. Thomas FAIRCHILD, Warden of the Bradford County Jail. Appeal of Lewis QUACKENBUSH
- **Court:** Superior Court of Pennsylvania
- **Decided:** October 16, 1981
- **Citations:** 291 Pa. Super. 358; 435 A.2d 1266; 1981 Pa. Super. LEXIS 3530
- **Precedential status:** Published
- **Opinion:** Dissent by Hester
- **Judges:** Spaeth, Hester, Cavanaugh
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9645107

## Opinion text

HESTER, Judge,
dissenting:
I respectfully dissent.
I am of the opinion that following the expiration of the original 30 day period, the Commonwealth lacked the authority required to detain the appellant.
Section 9136 of the Uniform Criminal Extradition Act, 42 Pa. C.S. of § 9121 et seq., permits the detention of an individual while awaiting extradition for a maximum period of 30 days.
While the “Act” does provide for a 60 day extension in the event there is delay in obtaining the proper documents, in this instance, I am of the Opinion that the Habeas Corpus relief requested by appellant should have been granted. At the time the Writ was filed the original 30 day period had not been extended.
*364 In all criminal proceeding, it is fundamental that the Commonwealth possess proper authority to detain an individual accused of the commission of a crime. The only authority the Commonwealth had in this case was the original warrant ordering appellant be held for 30 days to await the extradition documents. When that period expired, so did the authority of the Commonwealth to detain appellant.
I would reverse and order appellant discharged.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9645107. Public record. Not legal advice.