Ex parte Edwards
Mississippi Supreme Court
Erom tbe habeas corpus judgment of How. Eugene O. Sykes, Circuit Judge, sitting in vocation at Aberdeen, Monroe county. The relator was remanded to custody and appealed to tbe supreme court. The facts are stated in tbe opinion of tbe court.
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Erom tbe habeas corpus judgment of How. Eugene O. Sykes, Circuit Judge, sitting in vocation at Aberdeen, Monroe county. The relator was remanded to custody and appealed to tbe supreme court. The facts are stated in tbe opinion of tbe court. When a citizen of the state of Mississippi is in the custody of the sheriff under a warrant for extradition from the governor, and brings the matter to the attention of the courts by habeas corpus, what showing must the state authorities make in order to detain the prisoner and turn him over to the authorities of another state foi* transportation thereto ?…
1Opinion of the CourtCalhoon, J.
Edwards was taken into custody by the sheriff on a warrant by the governor for his arrest and delivery to an agent of the governor of Alabama for extradition to that state on a charge of burglary. This charge involves his personal presence there. He was refused discharge, and appeals.
The warrant of arrest for extradition is in the usual form. Mississippi has no statute allowing bail in such cases, either pending trial or on appeal. Some states have. Ours expressly denies it. Code 1906, § 2446; Ex parte Wall, 84 Miss., 783; 38 South., 628; 3 Fed. St. Ann., p. 87. It can make no difference…
2Cases cited3 opinions
- Barranger v. BaumSupreme Court of Georgia · 1898
- Ex parte DevineMississippi Supreme Court · 1897
- Ex parte WallMississippi Supreme Court · 1904
3Cited by13 opinions
- Walden v. MosleyDistrict Court, N.D. Mississippi · 1970
- Taylor v. GarrisonMississippi Supreme Court · 1976
- Bishop v. JonesMississippi Supreme Court · 1949
- Ex parte WaltersMississippi Supreme Court · 1913
- State Ex Rel. Howard v. St. Joseph Superior CourtIndiana Supreme Court · 1974
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