Downey v. Hale

The issue in this case is whether the indictment presented with a request of the Governor of New York for the extradition of the petitioners is a sufficient indictment under the constitution and laws of the state of New York. Pearce v. Texas, 155 U. S. 311, 15 S. Ct. 116, 39 L. Ed. 164. The defect alleged by the petitioners is that the full names of the petitioners appear only in the title of the indictment in which they are also described as defendants. It is strenuously urged that, as the title is no part of the indictment, the names of the persons therein charged with a crime should appear…