Ex parte Devine
Mississippi Supreme Court
Prom decision of Chancellor Claude Pinta/rd, on habeas corpus, heard at Vicksburg. ‘ ‘ The executive warrant, to be sufficient, should show on its face three things: (1) That it has been represented to such executive that the accused stands charged in the demanding state with a certain specified crime, and that he has fled from justice; (2) that a demand has been made upon him for the surrender of such fugitive, pursuant to the constitution and laws of the United States; (3)…
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Prom decision of Chancellor Claude Pinta/rd, on habeas corpus, heard at Vicksburg. ‘ ‘ The executive warrant, to be sufficient, should show on its face three things: (1) That it has been represented to such executive that the accused stands charged in the demanding state with a certain specified crime, and that he has fled from justice; (2) that a demand has been made upon him for the surrender of such fugitive, pursuant to the constitution and laws of the United States; (3) that said representation and demand was accompanied by an indictment or affidavit, duly certified as authentic by the…
1Opinion of the CourtTerral, J.
John Devine, being in the custody of William Price, marshal of the city of Vicksburg, upon extradition proceedings instituted by the governor of the State of Louisiana, sued out this writ of habeas corpus before Chancellor Pintard, to be discharged therefrom. Price pleaded the executive warrant of the governor of the State of Mississippi, which is set out in his answer, and appears to be in the usual form of such warrants. At the hearing of the writ, the relator excepted to the return, upon the ground that it showed no affidavit or indictment emanating from the authorities of the State of…
2Cases cited3 opinions
- Roberts v. ReillySupreme Court of the United States · 1885
- Davis's CaseMassachusetts Supreme Judicial Court · 1877
- Hopkins v. SandidgeMississippi Supreme Court · 1856
3Cited by17 opinions
- Harris v. StateSupreme Court of Alabama · 1951
- Young v. StateSupreme Court of Alabama · 1908
- Taylor v. GarrisonMississippi Supreme Court · 1976
- Bishop v. JonesMississippi Supreme Court · 1949
- Ex parte WaltersMississippi Supreme Court · 1913
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