In re Overfield for a Writ of Habeas Corpus
Nevada Supreme Court
Application of Frederick Overfield for writ of habeas corpus to secure his release from the custody of the sheriff of Washoe County and from that of an agent of the State of Utah. The governor of one state has no authority to issue a warrant directing the deportation of a person except upon presentation of a state of facts constituting an offense under the laws of the demanding state.
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Application of Frederick Overfield for writ of habeas corpus to secure his release from the custody of the sheriff of Washoe County and from that of an agent of the State of Utah. The governor of one state has no authority to issue a warrant directing the deportation of a person except upon presentation of a state of facts constituting an offense under the laws of the demanding state. Three things are necessary to constitute and complete the offense charged against the petitioner. (1) The felony must have been committed. (Wharton’s Crim. Law, 10th ed. vol. 1, see. 242; Reynolds v. People, 83…
1Opinion of the Court
*32By the Court,
McCarran, J.:
This is an original proceeding in habeas corpus, in which the petitioner, Frederick Overfield, seeks to secure his release by order of this court from the custody of the sheriff of Washoe County, and also from the custody of one Victor Christopherson, the duly authorized agent of the State of Utah.
It appears from the petition that while petitioner was on his way to San Francisco he stopped over in the city of Reno to visit friends, and was there arrested by the sheriff of Washoe County, and has since been arrested and detained by said officer as a fugitive from…
2Cases cited9 opinions
- Levering v. CommonwealthCourt of Appeals of Kentucky · 1909
- People v. GarnettCalifornia Supreme Court · 1900
- Schackey v. StateCourt of Criminal Appeals of Texas · 1899
- Chenault v. StateCourt of Criminal Appeals of Texas · 1904
- Ex parte GoldmanCalifornia Supreme Court · 1906
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