Legal Opinion

People ex rel. Goldfarb v. Gargan

Appellate Division of the Supreme Court of the State of New York

Decided February 1, 1918PublishedCited by 2 opinions

Appeal by the relator, Philip Goldfarb (who had been committed for extradition to Pennsylvania), from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 19th day of November, 1917, dismissing a writ of habeas corpus and directing that the relator be delivered into the custody of the agent designated in the rendition warrant issued by the Governor of the State of New York.

1Opinion of the Court

Putnam, J.:

On the hearing of the writ of habeas corpus it appeared that relator had been indicted in Pennsylvania for the crime of false pretenses, charged as committed on August 16, August 21 and August 25, 1917. Relator denied being a fugitive from the justice of the State of Pennsylvania, and set up by affidavit that he was not in that State “ on any of the dates mentioned or thereabouts.”

Relator’s evidence tended to show his presence in the State of New York on and after August nineteenth. There was, however, testimony that he was in Philadelphia on August sixteenth at the occasion of his…

2Cases cited4 opinions

  1. Strassheim v. DailySupreme Court of the United States · 1911
  2. Drew v. ThawSupreme Court of the United States · 1914
  3. Hoffstot v. FloodSupreme Court of the United States · 1910
  4. People ex rel. Himmelstein v. BakerAppellate Division of the Supreme Court of the State of New York · 1910

3Cited by2 opinions

  1. Finch v. WestNebraska Supreme Court · 1921
  2. Getzendanner v. HiltnerWest Virginia Supreme Court · 1936

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