Legal Opinion

Bernstein v. Gross

Court of Appeals for the Fifth Circuit

Decided April 18, 1932No. 6487PublishedCited by 8 opinions

1Opinion of the Court

SIBLEY, Circuit Judge.

Samuel H. Bernstein was arrested and committed for extradition to the Dominion of Canada before the district judge. On habeas corpus the judge sustained the lawfulness of the commitment and Bernstein appeals. Habeas corpus reaches only the questions whether there was jurisdiction in the committing magistrate, whether the offense charged is within the treaty, and whether there was any evidence ’ affording reasonable ground to believe the accused guilty. Jurisdiction exists under 18 USCA § 651, and the treaties with Great Britain on the subject of extradition (8 Stat. 572;…

2Cases cited4 opinions

  1. Fernandez v. PhillipsSupreme Court of the United States · 1925
  2. Collins v. LoiselSupreme Court of the United States · 1922
  3. Wright v. HenkelSupreme Court of the United States · 1903
  4. Pridham v. WeddingtonTexas Supreme Court · 1889

3Cited by8 opinions

  1. Owen v. SchwartzCourt of Appeals for the D.C. Circuit · 1949
  2. Southern Pac. Co. v. LibbeyCourt of Appeals for the Ninth Circuit · 1952
  3. Villareal v. HammondCourt of Appeals for the Fifth Circuit · 1934
  4. In Re the Extradition of WiseDistrict Court, S.D. Texas · 1957
  5. Sabatier v. DambrowskiDistrict Court, D. Rhode Island · 1978

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