People ex rel. Kopel v. Bingham
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, Abraham Kbpel, from an order oh the Supreme Court, made at the New York Special Term and entered in tile office of the clerk of the equnty of New York oil the 12th day of October, ,1906, dismissing a writ of habeas corpus and remanding the relator into custody. . The relator was taken into custody by the police commissioner of the city of New YOrk by virtue of a warrant for his extradition issued by the Governor of the State of New York on the 30th day…
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Appeal by the relator, Abraham Kbpel, from an order oh the Supreme Court, made at the New York Special Term and entered in tile office of the clerk of the equnty of New York oil the 12th day of October, ,1906, dismissing a writ of habeas corpus and remanding the relator into custody. . The relator was taken into custody by the police commissioner of the city of New YOrk by virtue of a warrant for his extradition issued by the Governor of the State of New York on the 30th day of July, 1906, upon á requisition from the Governor- of Porto Rico. ■ Subsequently the relator Obtained a writ of…
1Opinion of the Court
Ingraham, J.:
It seems to have been held by the Court of Appeals in People ex rel. Corkran v. Hyatt (172 N. Y. 176) that no person can or should be extradited from one State to another unless the case falls ' within the Federal Constitution or statutes, and that the; power which independent nations have to surrender criminals to other nations as a matter of favor or comity is not possessed by the States. The Constitution of the United States provides (Art. 4, § 2, subd. 2) that a person charged in any State with treason, felony or ' other Crime, who shall flee from justice and be found in…
2Cases cited3 opinions
- De Lima v. BidwellSupreme Court of the United States · 1901
- Neely v. HenkelSupreme Court of the United States · 1901
- People Ex Rel. Corkran v. . HyattNew York Court of Appeals · 1902
3Cited by1 opinion
- New York Ex Rel. Kopel v. BinghamSupreme Court of the United States · 1909