Legal Opinion

Appleyard v. Massachusetts

Supreme Court of the United States

Decided December 3, 1906No. 115PublishedCited by 228 opinions

APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF MASSACHUSETTS. The appellant was indicted in' the Supreme Court of New York, county of Erie, for the crime of grand larceny, first degree, .alleged to have been committed in that county on the eighteenth day of May, 1904. Upon that indictment. a warrant of arrest was issued, but the accused was not arrested, for the reason that he was not found within the State.

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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF MASSACHUSETTS. The appellant was indicted in' the Supreme Court of New York, county of Erie, for the crime of grand larceny, first degree, .alleged to have been committed in that county on the eighteenth day of May, 1904. Upon that indictment. a warrant of arrest was issued, but the accused was not arrested, for the reason that he was not found within the State. Then the District Attorney of Erie County applied to the Governor of New York for a requisition upon the Governor of Massachusetts for Appleyard as a fugitive from…

1Opinion of the CourtJustice Harlan

It can not' be said that the appellant has not "had ample opportunity to test the.question whether his detention was in violation of the Constitution and laws of the United States. He has had three hearings upon that question; first, before the executive authorities of Massachusetts, then before the Supreme Judicial Court of that Commonwealth, and finally before the Circuit .-Court of the United States. Upon each occasion he insisted that, within the meaning of the Constitution and laws of the United States, he could not be regarded as a fugitive from justice.. • The decision at each hearing…

2Cases cited10 opinions

  1. Ex Parte RoyallSupreme Court of the United States · 1886
  2. Roberts v. ReillySupreme Court of the United States · 1885
  3. Commonwealth of Ky. v. DENNISON, GOVERNOR, &C.Supreme Court of the United States · 1861
  4. Hyatt v. People Ex Rel. CorkranSupreme Court of the United States · 1903
  5. Ex Parte ReggelSupreme Court of the United States · 1885

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3Cited by228 opinions

  1. Michigan v. DoranSupreme Court of the United States · 1978
  2. Sunal v. LargeSupreme Court of the United States · 1947
  3. Biddinger v. Commissioner of Police of City of New YorkSupreme Court of the United States · 1917
  4. Drew v. ThawSupreme Court of the United States · 1914
  5. South Carolina v. BaileySupreme Court of the United States · 1933

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