Legal Opinion

State v. Buzine

New York Court of General Session of the Peace

Decided July 1, 1845Published

Habeas corpus before Chief Justice Booth. The defendant made return that the petitioner was in his custody as high constable and keeper of the common jail of the city of Wilmington, by virtue of a commitment under the hand of the mayor: that he was arrested on a warrant issued by the mayor, upon the oath of Henry Baker, of Centre county, Pennsylvania, setting forth that the petitioner, about the 25th of August, 1845, committed a larceny at the county and State aforesaid, of…

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Habeas corpus before Chief Justice Booth. The defendant made return that the petitioner was in his custody as high constable and keeper of the common jail of the city of Wilmington, by virtue of a commitment under the hand of the mayor: that he was arrested on a warrant issued by the mayor, upon the oath of Henry Baker, of Centre county, Pennsylvania, setting forth that the petitioner, about the 25th of August, 1845, committed a larceny at the county and State aforesaid, of the goods of one Thomas Fitch, of the value of $2,000. The case was heard on the 22d of July, 1846, and was argued by…

1Opinion of the Court

Booth, Chief Justice.

—The motion to discharge the petitioner, has been argued by his counsel, on three grounds; 1st. That as the common law considers crimes as local, and cognizable only in the State or country where they are committed, a person who has been guilty of a crime in a foreign State, and seeks shelter in another country, cannot be arrested and imprisoned in the latter, and delivered up as a fugitive from justice, unless by virtue of some treaty or compact on the subject; and then only, under a requisition, made in the manner which such treaty prescribes. That prior to the…

2Cases cited2 opinions

  1. Holmes v. JennisonSupreme Court of the United States · 1840
  2. Bechtol v. Cobaugh ex rel. BrownSupreme Court of Pennsylvania · 1823

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