Barrow v. Owen

HUTCHESON, Circuit Judge.

Appellant, held under a fugitive complaint, sued out a writ of habeas corpus to obtain his release from custody, and prevent his removal to Louisiana to stand trial for violation of 18 U.S.C.A. § 408e, the fugitive felon act. His claim was that his arrest, detention, and proposed removal ■were without authority of law, in that (a) he was not guilty of the charge of rape made against him in the state court; .(b) that he did not leave Louisiana to avoid prosecution for that offense; and (c) that the fugitive felon act is unconstitutional, null, and void.

The marshal’s…