Charlton v. Kelly
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF NEW JERSEY. This is an appeal from a judgment dismissing a petition for a writ of habeas 'corpus and remanding the petitioner to custody under a warrant for his extradition as a fugitive from the justice of the Kingdom of Italy. The proceedings for the extradition of the appellaht were begun upon a complaint duly made by the Italian, Vice-Consul, charging him with the commission of a. murder in Italy.
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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF NEW JERSEY. This is an appeal from a judgment dismissing a petition for a writ of habeas 'corpus and remanding the petitioner to custody under a warrant for his extradition as a fugitive from the justice of the Kingdom of Italy. The proceedings for the extradition of the appellaht were begun upon a complaint duly made by the Italian, Vice-Consul, charging him with the commission of a. murder in Italy. A warrant was duly issued by the Hon. John' A. Blair, one of the judges of New Jersey, qualified to sit as a committing…
1Opinion of the CourtJustice Lurton
A writ of habeas corpus cannot be used as a writ of error. If Judge Blair had jurisdiction of the person of the accused and of the subject-matter, and had before him competent legal evidence of the commission of this crime with which the appellant was charged in the complaint, which, according to the law of New Jersey, would justify his apprehension and commitment for trial if the crime had been committed in that State, his decision may not be reviewed on habeas corpus. Terlinden v. Ames, 184 U. S. 270, 278; Bryant v. United States, 167 U. S. 104; McNamara v. Henkel, 226 U. S. 520.
By a…
2Cases cited6 opinions
- Grin v. ShineSupreme Court of the United States · 1902
- Benson v. McMahonSupreme Court of the United States · 1888
- Terlinden v. AmesSupreme Court of the United States · 1902
- McNamara v. HenkelSupreme Court of the United States · 1913
- Bryant v. United StatesSupreme Court of the United States · 1897
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3Cited by253 opinions
- Collins v. LoiselSupreme Court of the United States · 1922
- Biddinger v. Commissioner of Police of City of New YorkSupreme Court of the United States · 1917
- Collins v. MillerSupreme Court of the United States · 1920
- Factor v. LaubenheimerSupreme Court of the United States · 1933
- William Joseph Quinn v. Glen Robinson, United States Marshal for the Northern District of CaliforniaCourt of Appeals for the Ninth Circuit · 1986
248 more not listed; retrieve them via the Exa API.