Matter of Strauss
Supreme Court of the United States
CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. The petitioner was charged by affidavit before a justice of the peace of Youngstown township, Ohio, with the crime of obtaining1 four hundred dollars’ worth of jewelry at Youngstown, Ohio, by false pretences, contrary to the law of that State.
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CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. The petitioner was charged by affidavit before a justice of the peace of Youngstown township, Ohio, with the crime of obtaining1 four hundred dollars’ worth of jewelry at Youngstown, Ohio, by false pretences, contrary to the law of that State. He was arrested as a fugitive from justice and brought before a magistrate of the city of New York, August 11, 1902. The Governor of New York, after a hearing, at which the accused was represented by counsel, issued his warrant, dated August 22, 1902, directed to the police…
1Opinion of the CourtJustice Brewer
The Constitution provides for the surrender of a person charged with treason, felony or other crime. The statute prescribes the evidence of the charge to be produced, to wit: “A copy of an indictment found or an affidavit made before a magistrate . . . charging . . . treason, felony, or other crime.” The offense for which extradition was sought is under the Ohio statute a felony (Bates’ Annotated Ohio Stat. 4th ed. sec. 7076), and subject to trial only upon an indictment (Art. 1, sec. 10, Bill of Rights, 'Ohio Constitution), the proceedings in such a case before a justice of the peace…
2Cases cited2 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- Virginia v. PaulSupreme Court of the United States · 1893
3Cited by109 opinions
- Michigan v. DoranSupreme Court of the United States · 1978
- Pierce v. CreecySupreme Court of the United States · 1908
- California v. Superior Court of Cal., San Bernardino Cty.Supreme Court of the United States · 1987
- Major Harden v. George E. PatakiCourt of Appeals for the Eleventh Circuit · 2003
- Oliver Lee Kirkland and Elizabeth Smith v. Paul H. Preston and Luke MooreCourt of Appeals for the D.C. Circuit · 1967
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