Appleyard v. Massachusetts
Citations
- 203 U.S. 222
- 27 S. Ct. 122
- 51 L. Ed. 161
- 1906 U.S. LEXIS 1584
Syllabus
<p>The constitutional provision relating to fugitives from justice is in the nature of a treaty stipulation entered into for the purpose of securing a prompt and efficient administration of the,criminal laws of the several States and its faithful and vigorous enforcement is vital to their harmony and welfare; and while a State should protect its people against illegal action, Federal courts should be equally careful that the provision be not so narrowly interpreted as to enable those who have offended the laws of one . State to find a permanent asylum in another.</p> <p>A person charged by indictment, or affidavit before a magistrate, within a State with the commission of a crime covered by its laws and who leaves the State, no matter for what purpose nor under what belief, becomes from the time of such leaving and within the meaning of the Constitution and laws of the United States, a fugitive from justice; and in the absence of preponderating or conceded evidence of absence from the demanding State when the crime was committed it is the duty of the other State to surrender the fugitive on the production of the indictment or affidavit properly authenticated.</p> <p>Although, regularly, one seeking relief by habeas corpus in the state courts . should prosecute his appeal to, or writ of error from, the highest state court, before invoking the jurisdiction of the Circuit Court on habeas corpus, where the case is one of which the public interest demands a speedy determination, and the ends of justice will be promoted thereby, this court may proceed to final judgment on appeal from the order of the Circuit Court denying the relief.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- in dicta, interpreting Streep to have equated the tolling statute with the federal extradition statute
- petitioner not allowed to raise issue of whether the rendition documents from the demanding state, which were based on hearsay, violated his rights under the Confrontation Clause
- in dicta, interpreting Streep to have equated the tolling statute with the federal 12 The federal extradition statute also uses the terms “fugitive from justice” and “fled.” See 18 U.S.C. § 3182 (1996
Source: CourtListener parenthetical corpus (CC0).
Judges: Harlan
Read full opinion on CourtListenerCited by
154 cases in this archive cite this case; the 20 most cited are listed.
- Michigan v. DoranSupreme Court· 1978-12-18· cited 640×
- Garner v. LouisianaSupreme Court· 1961-12-11· cited 486×
- Sunal v. LargeSupreme Court· 1947-06-23· cited 462×
- Biddinger v. Commissioner of Police of City of New YorkSupreme Court· 1917-11-05· cited 278×
- Drew v. ThawSupreme Court· 1914-12-21· cited 169×
- South Carolina v. BaileySupreme Court· 1933-05-22· cited 157×
- Puerto Rico v. BranstadSupreme Court· 1987-06-23· cited 123×
- Hogan v. O'NEILLSupreme Court· 1921-01-31· cited 120×
- California v. Superior Court of Cal., San Bernardino Cty.Supreme Court· 1987-06-09· cited 116×
- Bassing v. CadySupreme Court· 1908-02-24· cited 101×
- United States Ex Rel. Anthony Vitiello v. Walter J. Flood, Warden of the Nassau County JailSecond Circuit· 1967-03-15· cited 64×
- Marbles v. CreecySupreme Court· 1909-11-15· cited 63×
- Commonwealth v. Superintendent of Philadelphia County PrisonSupreme Court of Pennsylvania· 1908-03-16· cited 62×
- Barrila v. BlakeSupreme Court of Connecticut· 1983-07-12· cited 57×
- In Re WatsonCalifornia Supreme Court· 1977-07-15· cited 52×
- State v. WellmanSupreme Court of Kansas· 1918-02-09· cited 51×
- State Ex Rel. Lea v. BrownTennessee Supreme Court· 1933-12-09· cited 50×
- United States v. Joseph MarshallSeventh Circuit· 1988-09-15· cited 42×
- James C. Sarlund v. Jeffrey M. AndersonSeventh Circuit· 2000-03-10· cited 42×
- Donald Richard Sanders v. H. J. Conine, Sheriff, Laramie County, Wyoming, 1968Tenth Circuit· 1974-12-02· cited 41×
Cites
6 cases in this archive are cited by this case.
- Hyatt v. People Ex Rel. CorkranSupreme Court· 1903-02-23· cited 267×
- Ex Parte ReggelSupreme Court· 1885-05-04· cited 199×
- Minnesota v. BrundageSupreme Court· 1901-03-18· cited 68×
- Markuson v. BoucherSupreme Court· 1899-11-20· cited 66×
- Streep v. United StatesSupreme Court· 1895-12-02· cited 59×
- Reid v. JonesSupreme Court· 1902-12-01· cited 41×
Sourced from CourtListener / Free Law Project (CC0).
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