Legal Opinion

People ex rel. Butler v. Flood

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

Decided January 29, 1968PublishedCited by 2 opinions

1Opinion of the Court

— Judgment of the Supreme Court, Nassau County, dated July 14, 1966, which sustained a writ of habeas corpus, affirmed, without costs. Relator was indicted in New Hampshire for having committed in that State the crime of desertion. It was conceded by both sides that he was not in New Hampshire when the alleged crime was committed. Therefore, in order for him to be extradited, the indictment had to comply with the provisions of section 834 of the Code of Criminal Procedure. Under section 834, the crime for which extradition is sought must be punishable under the laws of New York. The hearing…

2Cases cited2 opinions

  1. Ennist v. BadenSupreme Court of Florida · 1946
  2. People ex rel. Faulds v. HerberichNew York Court of Appeals · 1950

3Cited by2 opinions

  1. Ex Parte HarrisonCourt of Criminal Appeals of Texas · 1978
  2. Papas v. BrownAppellate Court of Illinois · 1980

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