Legal Opinion

Cosgrove v. Winney

Supreme Court of the United States

Decided April 24, 1899No. 172PublishedCited by 18 opinions

APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF MICHIGAN. November 7, 1895, Winney, United States marshal for the Eastern District of Michigan, made a complaint before one of the police justices of the city of Detroit within that district against Thomas Cosgrove for the larceny of a boat, named the Aurora, her tackle, etc., whereon a warrant issued for his arrest.

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APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF MICHIGAN. November 7, 1895, Winney, United States marshal for the Eastern District of Michigan, made a complaint before one of the police justices of the city of Detroit within that district against Thomas Cosgrove for the larceny of a boat, named the Aurora, her tackle, etc., whereon a warrant issued for his arrest. Cosgrove was a resident of Sarnia, in the Province of Ontario, Dominion of Canada, and extradition proceedings were had in accordance with the treaty between the United States and Great Britain, which…

1Opinion of the CourtChief Justice Fuller

Article three of the Extradition Convention between the United States and Great Britain, promulgated March 25, 1890, 26 Stat. 1508, and section 5275 of the Revised Statutes, are as follows:

“ Article III. No person surrendered by or to either of the High Contracting Parties shall be triable or be tried for any crime or offence, committed prior to his extradition, other than the offence for which he was surrendered, until he shall have had an opportunity of returning to the country from which he was surrendered.”
“ Seo. 5275. Whenever any person is delivered by any foreign government to an agent…

2Cases cited2 opinions

  1. Taylor v. TaintorSupreme Court of the United States · 1873
  2. United States v. RauscherSupreme Court of the United States · 1886

3Cited by18 opinions

  1. Beavers v. HaubertSupreme Court of the United States · 1905
  2. Collins v. JohnstonSupreme Court of the United States · 1915
  3. Charles Laurent Fiocconi and Jean Claude Kella v. Attorney General of the United StatesCourt of Appeals for the Second Circuit · 1972
  4. United States v. FieldCourt of Appeals for the Second Circuit · 1952
  5. Manuel Lee Matysek v. United StatesCourt of Appeals for the Ninth Circuit · 1965

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