Hughes v. Pflanz
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the Western District of Kentucky. The relator, Nelson B. Hughes, stole a gold watch in Putnam county, Ind., August 4, 1898. On the same day, affidavit was made before a justice of the peace of Putnam county, charging relator with the offense of larceny. The justice thereupon issued a warrant for Hughes’ arrest, which was duly executed, and the warrant, with its return, filed in the office of the Putnam circuit court.
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Appeal from the Circuit Court of the United States for the Western District of Kentucky. The relator, Nelson B. Hughes, stole a gold watch in Putnam county, Ind., August 4, 1898. On the same day, affidavit was made before a justice of the peace of Putnam county, charging relator with the offense of larceny. The justice thereupon issued a warrant for Hughes’ arrest, which was duly executed, and the warrant, with its return, filed in the office of the Putnam circuit court. On September 5, 1898, the prosecuting attorney for Putnam county filed another affidavit and a criminal information in the…
1Opinion of the CourtWanty, District Judge
If it is held that the indeterminate sentence law of Indiana is constitutional, it is conceded by the relator that he is an escaped convict; but it is contended that he is not a person charged with crime, *983■within the meaning of the federal Constitution and statute relating to extradition from one state to another; that the term “charged with crime,” used in the Constitution and statute, means a charge by indictment or affidavit made before a magistrate, and that the charge must be a pending charge, on which the relator could be tried when returned to the demanding state, and not a judgment of…
2Cases cited7 opinions
- Roberts v. ReillySupreme Court of the United States · 1885
- Lau Ow Bew v. United StatesSupreme Court of the United States · 1892
- Ex Parte ReggelSupreme Court of the United States · 1885
- Miller v. StateIndiana Supreme Court · 1898
- Drinkall v. SpiegelSupreme Court of Connecticut · 1896
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3Cited by37 opinions
- People Ex Rel. Hackler v. LohmanIllinois Supreme Court · 1959
- State Ex Rel. Treseder v. RemannWashington Supreme Court · 1931
- Carpenter v. LordOregon Supreme Court · 1918
- People v. LipsCalifornia Court of Appeal · 1922
- State v. BroomOregon Supreme Court · 1927
32 more not listed; retrieve them via the Exa API.