State Ex Rel. Foster v. Uttech

The issue presented is whether Foster is legally detained upon the governor’s warrant which enjoys a prima facie presumption of legality. More precisely stated, can this court in testing the legality of the arrest in a habeas corpus proceeding go behind the governor’s rendition warrant and examine the affidavit and warrant and other documents issued in Indiana *669to determine whether they meet the constitutional requirements for arrest for extradition purposes and the statutes of Wisconsin for such purpose ?

The constitution of the United States in sec. 2, art. IV, provides, “A person charged in…