Ex Parte Ople v. Weinbrenner
Supreme Court of Missouri
Habeas Corpus. (1) The power to return a person from one state to another in which he stands charged with a crime arises solely from See. 2, Art. IV, Constitution of the United States.
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Habeas Corpus. (1) The power to return a person from one state to another in which he stands charged with a crime arises solely from See. 2, Art. IV, Constitution of the United States. This power can be exercised only when such person shall (a) “be charged in any state with treason, felony or other crime, ” and (b) “shall flee from justice and be found in another state. ” So to effectuate the constitutional provision referred to, Congress has enacted Section 5278, Revised Statutes of United States. Prom the language of the constitutional provision and the said statute, it has been deduced…
1Opinion of the CourtGoode, J.
These three cases are original proceedings in this court, begun to obtain the discharge by writs of habeas corpus of the petitioners from the custody of the respondent Weinbrenner, Sheriff of the City of St. Louis, by whom the petitioners were alleged to be unlawfully restrained of their liberty and imprisoned.
The petitions for the writs were filed July 13, 1920. They state in substance that the respondent holds the respective petitioners in custody in order that they may be transported to Madison County, Illinois, by virtue of warrants issued July 7th, by Honorable Wallace Crossley, at that…
2Cases cited8 opinions
- Roberts v. ReillySupreme Court of the United States · 1885
- Munsey v. CloughSupreme Court of the United States · 1905
- Appleyard v. MassachusettsSupreme Court of the United States · 1906
- Ex Parte ReggelSupreme Court of the United States · 1885
- Illinois Ex Rel. McNichols v. PeaseSupreme Court of the United States · 1907
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3Cited by5 opinions
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- People Ex Rel. Heard v. BabbIllinois Supreme Court · 1952
- Ex Parte Hansen v. EdwardsMissouri Court of Appeals · 1922
- Tingley v. StateAlabama Court of Appeals · 1952
- Holcomb v. StateAlabama Court of Appeals · 1967