Legal Opinion

Drew v. Thaw

Supreme Court of the United States

Decided December 21, 1914No. 514PublishedCited by 169 opinions

APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF NEW HAMPSHIRE. The facts, which involve questions arising out of a demand made by the Governor of one State upon the Governor of another State for the rendition of a fugitive from justice who had been indicted by the demanding State for conspiracy to effect his own escape from the State Asylum to which he had been committed as a lunatic by order of the court, are stated in the opinion.

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APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF NEW HAMPSHIRE. The facts, which involve questions arising out of a demand made by the Governor of one State upon the Governor of another State for the rendition of a fugitive from justice who had been indicted by the demanding State for conspiracy to effect his own escape from the State Asylum to which he had been committed as a lunatic by order of the court, are stated in the opinion. The State of New York does not claim as a basis for the rendition of the petitioner that any right exists on its part to recover, in…

1Opinion of the CourtJustice Holmes

This is an appeal from a final order discharging the appellee on habeas corpus. Thaw was held upon a warrant from the Governor of New Hampshire for his extradition to New York in pursuance of a demand of the Governor of the latter State. He was alleged to be a fugitive from justice and a copy of an indictment found by a New York grand jury accompanied the demand. The indictment alleged that Thaw had been committed to the Matteawan State Hospital for the insane under an order of court reciting that he had been acquitted at his trial upon a former indictment on the ground of insanity and that…

2Cases cited6 opinions

  1. Roberts v. ReillySupreme Court of the United States · 1885
  2. Commonwealth of Ky. v. DENNISON, GOVERNOR, &C.Supreme Court of the United States · 1861
  3. Charlton v. KellySupreme Court of the United States · 1913
  4. Appleyard v. MassachusettsSupreme Court of the United States · 1906
  5. Pettibone v. NicholsSupreme Court of the United States · 1906

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3Cited by169 opinions

  1. Biddinger v. Commissioner of Police of City of New YorkSupreme Court of the United States · 1917
  2. Sweeney v. WoodallSupreme Court of the United States · 1953
  3. South Carolina v. BaileySupreme Court of the United States · 1933
  4. United States v. HolteSupreme Court of the United States · 1915
  5. California v. Superior Court of Cal., San Bernardino Cty.Supreme Court of the United States · 1987

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