Legal Opinion

Ex parte Thaw

District Court, D. New Hampshire

Decided April 14, 1914PublishedCited by 3 opinions

Injhe matter of the petition of Harry Kendall Thaw for writ of habeas corpus.

1Opinion of the Court

ALDRICH, District Judge.

In this case the person sought to be returned to the demanding state of New York, under the federal Constitution, which provides for extradition upon a charge of crime, is in fact a fugitive from a decree of custody under which, at the time of his flight, he was being held as an insane person; and the questions involved in his habeas corpus proceeding are entirely new to both English and Amercian jurisprudence.

The question here is not the general question whether the petitioner should be returned to New York custody, but the specific question whether the process under…

2Cases cited23 opinions

  1. Pettibone v. United StatesSupreme Court of the United States · 1893
  2. Roberts v. ReillySupreme Court of the United States · 1885
  3. United States v. RauscherSupreme Court of the United States · 1886
  4. Hyatt v. People Ex Rel. CorkranSupreme Court of the United States · 1903
  5. Charlton v. KellySupreme Court of the United States · 1913

18 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. State Ex Rel. Gildar v. KrissCourt of Appeals of Maryland · 1948
  2. People ex rel. Thaw v. GrifenhagenNew York Supreme Court · 1915
  3. Worth v. WheatleyIndiana Supreme Court · 1915

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