United States Ex Rel. Starr v. Mulligan

SWAN, Circuit Judge.

The relator was taken-into custody by the marshal for the Southern district of New York under a warrant-of arrest issued upon a complaint which sought his removal to Washington, D. C., to answer to an indictment there pending against him. The eom- ' missioner before whom the proceedings were brought held the relator for removal. He thereupon sued out writs of certiorari and of habeas corpus. This is an appeal from the District Court’s order dismissing- the writ of habeas corpus. Tim sole question presented is whether the indictment charges the commission of a crime within…