People ex rel. Fuchs v. Police Commissioner

Here a prisoner is held under a warrant of the governor for extradition, and brought before the court on a writ of habeas corpus. The return is traversed by denial of the identity of the relator with the person named in the indictment on the ground that he was not in the demanding state at the time of the commission of the crime, and, therefore, not a fugitive from justice. Upon the issue so raised, oral testimony was taken which shows a direct and material conflict. The question before me resolves itself into this: Can this court find in favor of the relator and sustain the *644writ on such…