Munsey v. Clough
Supreme Court of the United States
ERROR' TO THÉ SUPREME COURT OF THE STATE OF NEW ' HAMPSHIRE. The facts are stated in the opinion. The record fails to show this relator a fugitive from justice as to all of .the several crimes with which she was charged, hence the rendition warrant was illegally issued. A person cannot be a fugitive from justice when not personally present in the State where the offense is alleged to be committed.
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ERROR' TO THÉ SUPREME COURT OF THE STATE OF NEW ' HAMPSHIRE. The facts are stated in the opinion. The record fails to show this relator a fugitive from justice as to all of .the several crimes with which she was charged, hence the rendition warrant was illegally issued. A person cannot be a fugitive from justice when not personally present in the State where the offense is alleged to be committed. North Carolina v. Hall, 28 L. R. A. 289, and cases cited; People v. Hyatt, 172 N. Y. 176. As Massachusetts failed to show relator to be a fugitive from justice as to the three offenses alleged to be…
1Opinion of the CourtJustice Peckham
This was a proceeding on habeas corpus in a state court of vew Hampshire to obtain the discharge of . the plaintiff in error from arrest under n. warrant given by the governor of That State, directing the return of the plaintiff in error to the •Commonwealth of Massachusetts, as a fugitive from justice. Upon the hearing the state court refused to discharge the plaintiff in error, the order of refusal was affirmed by the Supreme Court, and she has brought the case here for review. (On a- former proceeding in Supreme Court, see 71 N. H. 594.)
The proceedings before the governor of New Hampshire,…
2Cases cited5 opinions
- Roberts v. ReillySupreme Court of the United States · 1885
- Hyatt v. People Ex Rel. CorkranSupreme Court of the United States · 1903
- Ex Parte ReggelSupreme Court of the United States · 1885
- People Ex Rel. Corkran v. . HyattNew York Court of Appeals · 1902
- Pearce v. TexasSupreme Court of the United States · 1894
3Cited by272 opinions
- Michigan v. DoranSupreme Court of the United States · 1978
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- South Carolina v. BaileySupreme Court of the United States · 1933
- Illinois Ex Rel. McNichols v. PeaseSupreme Court of the United States · 1907
- Pettibone v. NicholsSupreme Court of the United States · 1906
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