Schein v. Gallivan

WHITE, C. J.,

(dissenting). — The majority opinion correctly sets forth the principles of law governing this case, as I understand them, but I do not agree with that opinion as to the admitted facts.

This case is peculiar in that the facts constituting the crime are the exact facts which would show the petitioner a fugitive from justice. Therefore, while we cannot inquire into the guilt or innocence of the petitioner, necessarily, in investigating the facts affecting his status as a fugitive, we find those same facts would constitute the crime of which he stands charged. The petitioner may be…