Legal Opinion

In re Stupp

U.S. Circuit Court for the District of Southern New York

Decided May 18, 1875PublishedCited by 28 opinions

[Joseph Stupp. alias Carl Vogt, was charged with the crimes of murder, arson, and robbery, as having been committed in Brussels, in Belgium. He escaped to the United States.

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[Joseph Stupp. alias Carl Vogt, was charged with the crimes of murder, arson, and robbery, as having been committed in Brussels, in Belgium. He escaped to the United States. At the time there was no extradition treaty between Belgium and the United States, but Prussia made a demand on the United States for the extradition of Stupp. on the ground that he was a Prussian subject, and, as such, could be tried for the alleged offenses in Prussia, the offenses having been committed within the “jurisdiction” of Prussia. Stupp was arrested, and, while in’ the custody of the marshal, sued out a writ…

1Opinion of the Court

BLATCHFORD, District Judge.

The prisoner has been committed to the custody of the marshal of the United States for this district, by a United States commissioner, to await the issuing by the president of a warrant for his surrender to the authorities of Belgium, under the treaty of extradition with that country, concluded March 19th, 1874 [18 Stat. 804], on a charge of having committed the crimes of murder and arson, at Brussels, in Belgium, on the night of the 1st, or the morning of the 2d, of October, 1S71. He has been brought before this court on a writ ■of habeas corpus, and the…

2Cited by28 opinions

  1. Moor v. County of AlamedaSupreme Court of the United States · 1973
  2. Department of Homeland Security v. ThuraissigiamSupreme Court of the United States · 2020
  3. Charles Baker v. F & F Investment, Sidney Clark v. Universal Builders, Inc.Court of Appeals for the Seventh Circuit · 1970
  4. McNamara v. HenkelSupreme Court of the United States · 1913
  5. Post v. PaytonDistrict Court, E.D. New York · 1971

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