Legal Opinion

People Ex Rel. O'Mara v. Ogilvie

Illinois Supreme Court

Decided September 23, 1966No. 39635PublishedCited by 12 opinions

1Opinion of the CourtJustice Hershey

The relator, Gerald O’Hara, whose extradition on a burglary charge is sought by the State of Indiana, here appeals from a judgment of the circuit court of Cook County quashing a writ of habeas corpus and remanding him to the custody of respondent for delivery to the messenger of the demanding State. His single contention is that the evidence was not sufficient to establish his presence in the State of Indiana on August 20, 1964, the date named in the Governor’s warrant.

It is well settled that the Governor’s warrant constitutes a prima facie case that an accused is a fugitive from justice, and…

2Cases cited4 opinions

  1. Munsey v. CloughSupreme Court of the United States · 1905
  2. South Carolina v. BaileySupreme Court of the United States · 1933
  3. People Ex Rel. Garner v. CluttsIllinois Supreme Court · 1960
  4. People Ex Rel. Pusch v. MulcahyIllinois Supreme Court · 1945

3Cited by12 opinions

  1. Barrila v. BlakeSupreme Court of Connecticut · 1983
  2. Mann v. PeopleAppellate Court of Illinois · 1981
  3. People Ex Rel. Molock v. ElrodAppellate Court of Illinois · 1977
  4. People v. SwisherAppellate Court of Illinois · 1978
  5. People ex rel. Martin v. ElrodAppellate Court of Illinois · 1976

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