Johnson v. Browne
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. The respondent sued out a writ of habeas corpus from the Circuit Court of the United States for the Southern District of New York, directed to the agent and warden of the state prison at Sing Sing, in the State of New York, where he was confined, and pursuant to the terms of the writ the respondent was brought before that court in New York city, and after a hearing the court ordered his…
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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. The respondent sued out a writ of habeas corpus from the Circuit Court of the United States for the Southern District of New York, directed to the agent and warden of the state prison at Sing Sing, in the State of New York, where he was confined, and pursuant to the terms of the writ the respondent was brought before that court in New York city, and after a hearing the court ordered his discharge. The agent and warden has appealed to this court from that order. The facts appearing on the hearing before…
1Opinion of the CourtJustice Peckham
It does not appear that any movement has been made or notice given by this Government to try the respondent on the indictment for the crime for which he has been extradited, but his imprisonment in Sing Sing.Prison is upon a conviction of a crime for which the Canadian court had refused to extradite him, and is entirely different from the one for which he was extradited. In other words, he has been extradited for one offense and is now imprisoned for another, which the Canadian court held was not, within the treaty, ?n extraditable offense.
' Whether the crime came within the provision of the…
2Cases cited2 opinions
- United States v. RauscherSupreme Court of the United States · 1886
- United States v. Lee Yen TaiSupreme Court of the United States · 1902
3Cited by86 opinions
- Thomas McCandless v. Donald T. Vaughn the Attorney General of the State of Pennsylvania District Attorney for Philadelphia CountyCourt of Appeals for the Third Circuit · 1999
- United States v. Francisco ToscaninoCourt of Appeals for the Second Circuit · 1974
- Samuel Shapiro v. Thomas E. Ferrandina, United States Marshal for the Southern District of New YorkCourt of Appeals for the Second Circuit · 1973
- United States v. Wilfried Van CauwenbergheCourt of Appeals for the Ninth Circuit · 1987
- Greene v. United StatesCourt of Appeals for the Fifth Circuit · 1907
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