People ex rel. MacArthur v. Warden of Penitentiary

McAvoy, J.:

The relator was arrested on a warrant of rendition issued by Governor Smith, and, after a hearing on habeas corpus before the Special Term, was ordered delivered to the authorities of the demanding State. He has had two hearings covering this case, one before Governor Miller, who himself heard the proof as to whether the relator was in the demanding State at the time the crime was committed, and this later hearing before the court, in which the order now here was made, after the issuance of the present rendition warrant by Governor Smith. Governor Miller refused a warrant of…