Raftery Ex Rel. Huie Fong v. Bligh

I am unable to concur except in the result of the opinion of the majority, as it seems to me to misinterpret section 5278 of the Revised Statutes (18 USCA § 662) governing extradition, which the opinion construes in the light of the Fourth Amendment of the Federal. Constitution. The Fourth Amendment has nothing to do with the forms of complaints, or the grounds on which a warrant for arrest may be issued in the several states.

The opinion states that “it is well settled that the affidavit called for by section 5278 when so construed, is an affidavit stating facts of the affiant’s own…