Legal Opinion
People ex rel. MacArthur v. Warden of Penitentiary
New York Supreme Court
Decided February 15, 1923PublishedCited by 2 opinions
Proceedings on writ of habeas corpus.
1Opinion of the CourtGiegerich, J.
It would appear from an examination of the authorities that Governor Smith had, notwithstanding Governor Miller’s refusal to grant extradition, ample authority to issue a new warrant for the extradition of the relator. Work v. Corrington, 34 Ohio St. 64; Kurtz v. State of Florida, 22 Fla. 36; People ex rel. Corkran v. Hyatt, 172 N. Y. 176. Such being the case, the question arises whether or not the relator is a fugitive from justice. As pointed out in Hogan v. O’ Neill, 255 U. S. 52, that question is for the determination of the governor of the state upon which demand is made, whose…
2Cases cited7 opinions
- Biddinger v. Commissioner of Police of City of New YorkSupreme Court of the United States · 1917
- Hogan v. O'NEILLSupreme Court of the United States · 1921
- People Ex Rel. Corkran v. . HyattNew York Court of Appeals · 1902
- Kurtz v. StateSupreme Court of Florida · 1886
- People ex rel. Genna v. McLaughlinAppellate Division of the Supreme Court of the State of New York · 1911
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3Cited by2 opinions
- People ex rel. Harris v. MahoneyNew York Supreme Court · 1991
- People ex rel. MacArthur v. Warden of PenitentiaryAppellate Division of the Supreme Court of the State of New York · 1923