State Ex Rel. Krueger v. Michalski

Relator urges that the evidence he offered to show the nullity of his marriage to Lillian would conclusively establish his innocence of the offense with which Illinois has charged him. The attorney general asserts that whatever answer there may be to his proffered defense, both it and any facts controverting it go to the question of guilt or innocence and that question is to be determined in the courts of Illinois and not here. We agree with the attorney general.

The basis for extradition from state to state is found in sec. 2, art. IV, United States Const., which provides:

“A person charged in…