In re Benson
U.S. Circuit Court for the District of Southern New York
Habeas corpus in re the application for the extradition of George Benson, alias Charles Bourton, alias Mayer, under the provisions of the treaty of oxtiadition between the United Btates and the republic of Mexico of December 11, 1861. The application and the arrest were made under the first and second articles of that treaty, which, so far as they affect this proceeding, are as follows: “Article 1. It is agreed that tiie contracting parties shall, on requisition made in…
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Habeas corpus in re the application for the extradition of George Benson, alias Charles Bourton, alias Mayer, under the provisions of the treaty of oxtiadition between the United Btates and the republic of Mexico of December 11, 1861. The application and the arrest were made under the first and second articles of that treaty, which, so far as they affect this proceeding, are as follows: “Article 1. It is agreed that tiie contracting parties shall, on requisition made in their name, through the medium of their respective diplomatic agents, deliver up to justice persons, who, being accused of…
1Opinion of the CourtLacombe, J.
1. The first point raised by the relator is that the theater ticket which is the subject of the charge was wholly printed, and not written. Counsel cites from Bl'ackstone, Bishop, Best, and Russell definitions of the crime of forgery at common law, which describe it as the false making, etc., of a writing or a written instrument. It was elementary law, however, long before Blackstone’s day, that printing is waiting in the legal sense of the term, and an instrument, the words of which arc printed either wholly or in part, is equally valid with an instrument written by a pen. Signature by…
2Cases cited6 opinions
- People v. StearnsNew York Supreme Court · 1839
- People v. HarrisonNew York Supreme Court · 1850
- The People v. . MannNew York Court of Appeals · 1878
- People v. FitchNew York Supreme Court · 1828
- Magoverning v. StaplesNew York Supreme Court · 1873
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Desmond v. EggersCourt of Appeals for the Ninth Circuit · 1927
- Wabash R. v. United StatesCourt of Appeals for the Eighth Circuit · 1910