Hard v. Splain
Court of Appeals for the D.C. Circuit
Hearing on an appeal from a judgment of the Supreme Court of the District of Columbia overruling a demurrer to the return of a writ of habeas corpus, and denying a motion to discharge the petitioner.
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Hearing on an appeal from a judgment of the Supreme Court of the District of Columbia overruling a demurrer to the return of a writ of habeas corpus, and denying a motion to discharge the petitioner. The Court in the opinion stated the facts as follows: Application was made to the chief justice of the supreme court of the District of Columbia for the extradition of appellant, Herbert A. Hard, alleged to be a fugitive from justice from the State of Michigan, where he stands charged with the crime of kidnapping. The chief justice issued the usual warrant, commanding appellee, Maurice Splain, as…
1Opinion of the CourtJustice Van Orsdel
A criminal complaint was filed before a magistrate in the State of Michigan by one Katherine Hard, charging petitioner with kidnapping one Elizabeth Hard. Erom the affidavits in support of the complaint, it appears that Elizabeth Hard, the daughter of petitioner, was forcibly taken from the custody of Katherine Hard, her mother, and carried out of the State. The sufficiency of the complaint is assailed by counsel for petitioner, but we think it unnecessary to inquire into the objections, since they relate to defects of pleading, rather than to a total failure to charge a crime under the…
2Cases cited9 opinions
- Hyatt v. People Ex Rel. CorkranSupreme Court of the United States · 1903
- Drew v. ThawSupreme Court of the United States · 1914
- Pierce v. CreecySupreme Court of the United States · 1908
- Burns v. CommonwealthSupreme Court of Pennsylvania · 1889
- Cook v. CookNew York Court of Chancery · 1846
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