Legal Opinion

In re McCarthy

Hawaii Supreme Court

Decided July 1, 1886PublishedCited by 1 opinion

Extradition prom California. There can be no question of the right of the Government, independent of any treaty, to surrender a fugitive criminal upon the request of a foreign State.

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Extradition prom California. There can be no question of the right of the Government, independent of any treaty, to surrender a fugitive criminal upon the request of a foreign State. Upon a requisition from the Governor of California for the surrender of a fugitive from justice, the Minister-Resident of the United States in this Kingdom requesting the intervention of this Government: held that the objection that the Governor of a State has no poWer, under United States laws, to make such a requisition, is not sustainable in this ease. The production of an indictment against the fugitive,…

1Opinion of the Court

Opinion op, the Court, by

Preston, J.

On the 25th day of January last, an information was laid by the Attorney-General before the Chief Justice, alleging that John W. McCarthy was guilty of the crime of embezzlement^ as *574a public officer (Clerk of the Supreme Court of the State of California), and that the Grand Jury for the city and county of San Francisco had, on the 15th day of January, found a true bill of indictment in the Superior Court of said city and county against the said McCarthy for such crime, and that a warrant had been issued from the said Court for the apprehension of the said…

2Cases cited7 opinions

  1. Cohens v. VirginiaSupreme Court of the United States · 1821
  2. Foster v. NeilsonSupreme Court of the United States · 1829
  3. Philadelphia & Trenton Railroad v. StimpsonSupreme Court of the United States · 1840
  4. Holmes v. JennisonSupreme Court of the United States · 1840
  5. United States v. LancasterU.S. Circuit Court for the District of Illinois · 1841

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3Cited by1 opinion

  1. Brown v. StateAlaska Supreme Court · 1979

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