Legal Opinion

Farrell v. Hawley, Sheriff

Supreme Court of Connecticut

Decided July 5, 1905PublishedCited by 17 opinions

Wbit of habeas corpus issued against the sheriff of Fair-field County from the Court of Common Pleas for that county. His return showed that the plaintiff was held under a warrant from the Governor of Connecticut, directing his arrest as a fugitive from justice, in response to an executive requisition from the Governor of New York, and delivery to an agent of that State. The crime for which he was there charged was rape in the second degree.

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Wbit of habeas corpus issued against the sheriff of Fair-field County from the Court of Common Pleas for that county. His return showed that the plaintiff was held under a warrant from the Governor of Connecticut, directing his arrest as a fugitive from justice, in response to an executive requisition from the Governor of New York, and delivery to an agent of that State. The crime for which he was there charged was rape in the second degree. His reply, to which there was a demurrer, was that he was neither physically nor constructively present in the State of New York at the time of the…

1Opinion of the CourtBaldwin, J.

By the Revised Statutes of the United States, § 5278, whenever the executive authority of any State demands any person, as a fugitive from justice, of the executive authority of any other State to which such person has fled, 'and produces a copy of an indictment found, or an affidavit made before a magistrate, charging the person demanded with having committed a crime, which copy is certified as authentic by the Governor of the State from whence the person so charged has fled, it shall he the duty of the executive authority of the State to which such person has fled to. cause him to he…

2Cases cited5 opinions

  1. Roberts v. ReillySupreme Court of the United States · 1885
  2. Munsey v. CloughSupreme Court of the United States · 1905
  3. Hyatt v. People Ex Rel. CorkranSupreme Court of the United States · 1903
  4. State v. GradySupreme Court of Connecticut · 1867
  5. State v. HunterSupreme Court of Connecticut · 1900

3Cited by17 opinions

  1. Johnson v. MansonSupreme Court of Connecticut · 1985
  2. State of Fla. Ex Rel. Stringer v. QuiggSupreme Court of Florida · 1926
  3. Winnick v. ReillySupreme Court of Connecticut · 1924
  4. Ross v. CrofuttSupreme Court of Connecticut · 1911
  5. In Re Haney for a Writ of Habeas Corpus to Obtain BailIdaho Supreme Court · 1955

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