Chavers v. State

Respectfully, I vote to remand this cause. In spite of petitioner’s demand for inspection of a certified copy of an indictment or affidavit charging him with felony or other crime in Mississippi (18 U.S.C. § 3182), nothing was produced.

Ex parte State, in re Mohr, 73 Ala. 503, McGahagin v. State, ante, p. 236, 131 So.2d 425, and Code 1940, T. 15, § 52, are but mere reflections of § 3182, supra.

Roberts v. Reilly, 116 U.S. 80, 6 S.Ct. 291, 29 L.Ed. 544, says that the question as to the fugitive’s being substantially charged with a crime is one of law. This view is implicit in the Alabama statute…