Legal Opinion · Dissent

Lunsford v. Hudspeth

Court of Appeals for the Tenth Circuit

Decided March 3, 1942No. 2420Published

1DissentHuxman, Circuit Judge

I am not in disagreement with my associates on the principles of law which apply in this case. It is recognized without exception that a state which first obtains jurisdiction and control of a prisoner may retain the exclusive control of him until its sentence and judgment have been completely executed. It may not be compelled by writ of habeas corpus or otherwise to surrender him to another sovereign for any purpose, either conditionally or absolutely. As stated in the majority opinion, by comity between states, one sovereign may recognize a request from another for the delivery of one in…

2Cases cited4 opinions

  1. Smith v. SwopeCourt of Appeals for the Ninth Circuit · 1937
  2. Albori v. United StatesCourt of Appeals for the Ninth Circuit · 1933
  3. Rohr v. HudspethCourt of Appeals for the Tenth Circuit · 1939
  4. McPike v. ZerbstDistrict Court, N.D. Georgia · 1937

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