Katyuga v. Cosgrove
Supreme Court of New Jersey
On habeas corpus. To a writ of habeas corpus the respondent returns that he holds the petitioner under warrant of the governor of this state, issued upon the requisition of the governor of the State of Pennsylvania, for the apprehension of the prisoner as.a fugitive from justice. Copies of such warrant and requisition are annexed to the return.
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On habeas corpus. To a writ of habeas corpus the respondent returns that he holds the petitioner under warrant of the governor of this state, issued upon the requisition of the governor of the State of Pennsylvania, for the apprehension of the prisoner as.a fugitive from justice. Copies of such warrant and requisition are annexed to the return. The requisition certifies a copy of an indictment found against the petitioner, in Pennsylvania, for larceny, which is certified to be a crime in that state. The matter has been argued on the face of the documents embraced in the return, no traverse…
1Opinion of the CourtCollins, J.
The only grounds of attack upon the return of the respondent as justifying the prisoner’s detention are *214(1) that it does not legally appear that the prisoner is a fugitive from justice, and (2) that the indictment certified does not substantially charge a crime.' All that is required by the act of congress (U. S. Rev. Stat., § 5278) to make it the duty of the executive authority of a state to cause the delivery to the agent of the executive authority of another state of an indicted fugitive from justice is the production of a copy of the indictment certified as authentic by the executive…
2Cases cited1 opinion
- Ex Parte ReggelSupreme Court of the United States · 1885
3Cited by8 opinions
- Matter of Application of ShoemakerCalifornia Court of Appeal · 1914
- Ex parte JowellCourt of Criminal Appeals of Texas · 1920
- In Re CohenNew Jersey Superior Court Appellate Division · 1952
- Foley v. StateNew Jersey Superior Court Appellate Division · 1954
- Stark v. LivermoreNew Jersey Superior Court Appellate Division · 1949
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