Kelly v. Mangum
Supreme Court of Georgia
Habeas corpus. Before Judge Hill. Eulton superior court. September 1, 1915. Kelly applied for a writ of habeas corpus, alleging that he was illegally restrained of his liberty by Mangum, the sheriff of Eulton county, Georgia, the pretense for his detention being a warrant issued by the Governor of Georgia upon a requisition purporting to have been issued for the applicant under the name of Samuel Baymon,- alias Oakland Sammie.
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Habeas corpus. Before Judge Hill. Eulton superior court. September 1, 1915. Kelly applied for a writ of habeas corpus, alleging that he was illegally restrained of his liberty by Mangum, the sheriff of Eulton county, Georgia, the pretense for his detention being a warrant issued by the Governor of Georgia upon a requisition purporting to have been issued for the applicant under the name of Samuel Baymon,- alias Oakland Sammie. Two reasons were alleged why the detention was illegal: First, because the applicant was not the person demanded by the requisition; and second, because the applicant…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)
The allegation of mistaken identity was not urged. It was not denied that the plaintiff in error was a fugitive from justice from the State of Missouri. But it was contended, that, as he was brought from Alabama to Georgia by a deputy marshal, under a commitment of a United States district court of Alabama, and placed in the United States penitentiary to serve a sentence for a crime of which he had been convicted, he did not flee into the State of Georgia, and could not be held under a warrant in this State for the purpose of extradition to Missouri.
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2Cases cited6 opinions
- Roberts v. ReillySupreme Court of the United States · 1885
- Appleyard v. MassachusettsSupreme Court of the United States · 1906
- Innes v. TobinSupreme Court of the United States · 1916
- State ex rel. Burner v. RichterSupreme Court of Minnesota · 1887
- Ex Parte InnesCourt of Criminal Appeals of Texas · 1915
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3Cited by15 opinions
- State v. SaundersSupreme Court of Missouri · 1921
- Ex Parte YoustlerCourt of Criminal Appeals of Oklahoma · 1928
- State Ex Rel. Brown v. GroschTennessee Supreme Court · 1941
- Moulthrope v. MatusSupreme Court of Connecticut · 1952
- Brown v. LowrySupreme Court of Georgia · 1938
10 more not listed; retrieve them via the Exa API.