Legal Opinion

State ex rel. Brown v. Stewart

Wisconsin Supreme Court

Decided May 15, 1884PublishedCited by 33 opinions

CeetiobaRI to the Judge of the Ninth Judicial Circuit. The case is,,thus stated by Mr. Justice Cassoday: “The relator was arrested in'Indiana upon a requisition issued by the governor of Wisconsin, upon a complaint in justice’s court, Columbia county, Wisconsin, charging him with embezzlement of property belonging to James Gowan, in that county.

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CeetiobaRI to the Judge of the Ninth Judicial Circuit. The case is,,thus stated by Mr. Justice Cassoday: “The relator was arrested in'Indiana upon a requisition issued by the governor of Wisconsin, upon a complaint in justice’s court, Columbia county, Wisconsin, charging him with embezzlement of property belonging to James Gowan, in that county. He was brought into that county, and was tried .for that offense upon an information filed in the circuit court for that nounty, and upon the trial was acquitted, and discharged by the court. Immediately thereafter, and before he had time to leave the…

1Opinion of the CourtCassoday, J.

1. It is claimed that the arrest for the last offense was illegal because it was made immediately after the relator had been tried, acquitted, and discharged on the offense upon which he had been brought to the state from Indiana on the requisition of the governor, and before he had time to return.

Treaty stipulations between nations frequently guaranty to the fugitive the right to leave the demanding country after the trial for the offense for which the fugitive has been surrendered, in case of acquittal, or in case of conviction after his endurance of the punishment. When not so guarantied…

2Cases cited18 opinions

  1. Ex Parte VirginiaSupreme Court of the United States · 1880
  2. Ex Parte SieboldSupreme Court of the United States · 1880
  3. Commonwealth of Ky. v. DENNISON, GOVERNOR, &C.Supreme Court of the United States · 1861
  4. People Ex Rel. Jourdan v. DonohueNew York Court of Appeals · 1881
  5. Adriance v. . LagraveNew York Court of Appeals · 1874

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3Cited by33 opinions

  1. Commonwealth v. WrightMassachusetts Supreme Judicial Court · 1893
  2. Jackson v. StateWisconsin Supreme Court · 1895
  3. Baker v. StateWisconsin Supreme Court · 1894
  4. Carr v. StateSupreme Court of Alabama · 1893
  5. In re CookU.S. Circuit Court for the District of Eastern Wisconsin · 1892

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