Ex Parte Cubreth
California Supreme Court
On the 10th day of Febuary, 1875, the petitioner was arrested by a police officer in San Francisco, on a warrant issued by H. L. Joachimsen, a Justice of the Peace, upon an affidavit which alleged that he stood charged in the Territory of Otah with the crime of forgery, committed in that Territory on the 10th day of January, 1875, and that the charge was made on oath, by George F. Prescott, before J. Toohey, a magistrate in said Territory, and that he was a fugitive from…
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On the 10th day of Febuary, 1875, the petitioner was arrested by a police officer in San Francisco, on a warrant issued by H. L. Joachimsen, a Justice of the Peace, upon an affidavit which alleged that he stood charged in the Territory of Otah with the crime of forgery, committed in that Territory on the 10th day of January, 1875, and that the charge was made on oath, by George F. Prescott, before J. Toohey, a magistrate in said Territory, and that he was a fugitive from justice found in the State of California, etc. The warrant of arrest merely recited that the petitioner was charged by a…
1Opinion of the Court
Mr. Tyler was proceeding to argue that the Act of the Legislature of the State, (Chapter IV, Penal Code) is in contravention of the second section of the fourth article of the Constitution of the United States, in that the Act provides for the arrest and detention of an alleged fugitive from justice from another State of the Union, without reference to, and only in anticipation of a demand for his surrender, by the Executive authority of the State from which he fled. The Court, however, declined to hear argument upon the point; the Chief Justice observing, that the question had lately…
2Cited by6 opinions
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- Simmons v. VandykeIndiana Supreme Court · 1894
- Reichman v. HarrisCourt of Appeals for the Sixth Circuit · 1918
- State Ex Rel. Kaiser v. MillerSupreme Court of Missouri · 1926
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