Sternaman v. Peck
Court of Appeals for the Second Circuit
Appeal from the Circuit Court of the United States for the Northern District of New York. This was an application for a writ of habeas corpus to procure the release of Olive A. Stemaman, who had been committed by a commissioner for extradition to Canada on the charge of murder. The circuit court, after a hearing, discharged the writ (77 Fed. 595), and the petitioner appealed.
1Opinion of the Court
WALLACE, Circuit Judge.
A writ of habeas corpus cannot perform the office of a writ of error in reviewing the proceedings in extradition before an officer authorized to entertain such proceedings. It is efficient only to reach error which is fatal to the jurisdiction of the officer over the person of the accused, or over the subject-matter of the accusation. In the present case the question as to the jurisdiction of the person of the accused is whether the complaint pursuant to which the warrant for her apprehension issued was sufficient. This question is fully discussed in the opinion of the…
2Cases cited1 opinion
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- United States of America Ex Rel. Evsey S. Petrushansky, A/K/A Peter Green, a Fugitive From Justice of the United Mexican States, Relator-Appellant v. Anthony R. Marasco, United States Marshal for the Southern District of NewyorkCourt of Appeals for the Second Circuit · 1963
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