Ex parte Spears
California Supreme Court
Application to the Supreme Court for a discharge from imprisonment on a writ of habeas corpus. The facts are stated in the opinion of the court.
1Opinion of the CourtDe Haven, J.
The petitioner is before the court upon a writ of habeas corpus, the return to which shows that he is in the custody of the sheriff of Nevada County by virtue of a warrant for his arrest as a fugitive from justice, issued by the governor of this state in compliance with a requisition from the governor of the state of Alabama.
The governor of this state was not authorized to issue his warrant for the arrest of petitioner, unless it was shown to him that the petitioner is substantially charged with a crime in the state from which it is alleged he has fled, and the law of Congress (Rev. Stats.,…
2Cases cited5 opinions
- Roberts v. ReillySupreme Court of the United States · 1885
- Commonwealth of Ky. v. DENNISON, GOVERNOR, &C.Supreme Court of the United States · 1861
- Swart v. KimballMichigan Supreme Court · 1880
- Ex parte SmithU.S. Circuit Court for the District of Illinois · 1843
- Davis's CaseMassachusetts Supreme Judicial Court · 1877
3Cited by16 opinions
- In Re CooperCalifornia Supreme Court · 1960
- Leigh v. GreenNebraska Supreme Court · 1902
- In Re DavisCalifornia Court of Appeal · 1945
- Ex Parte Rummerfield v. WatsonSupreme Court of Missouri · 1934
- Ex Parte LewisCourt of Criminal Appeals of Texas · 1914
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