State Ex Rel. Rogers v. Murnane

The relator was granted a rehearing that he might present certain claims not advanced at the prior hearing. He claims that the affidavit required by the federal statute to be produced by the executive authority of the demanding state was not made before a magistrate of South Dakota; and that the warrant only states that a demand has been made for the relator as a fugitive from justice, without stating that he is such fugitive, and does not state that he stands charged with a crime either by indictment or affidavit.

3. The statute of the United States, R.S. § 5278, U.S. Comp. St. § 10126,…