Bassing v. Cady
Citations
- 208 U.S. 386
- 28 S. Ct. 392
- 52 L. Ed. 540
- 1908 U.S. LEXIS 1449
Syllabus
<p>On appeal or writ of error to this -'court, - papers or documents used in the court below cannot in .strictness be examined here unless by bill of exceptions or other proper mode they are made part of the record.</p> <p>The mere arraignment and pleading to an indictment does not put the ac- - cused in judicial jeopardy, nor does the -second surrender of the same person by one State to another amount to putting ,that. person' in second jeopardy because'the-requisition of the demanding State is based on an indictment for the same offense for which the accused had, been formerly . indicted and surrendered but for which he had never been tried.</p> <p>One charged with crime and who was in the place where, and at the time .when, the crime was committed, and who. thereafter leaves the State, no matter for what reason, is a fugitive from, justice within the meaning of the interstate rendition provisions of the Constitution, and of § 5278, Rev. Stat., and this none the less if he leaves the State with the knowledge and without the objection of its authorities.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that “no right secured ... by the Constitution or laws of the United States” is violated by a prosecutor’s dismissal of charges and release of the defendant from custody followed by a later reinstatement of those charges
- seeing no violation of a \right secured .. . by the Constitution or laws of the United States\ where the charges against the defendant were dismissed and he was released from custody followed by the State's reinstatement of those charges at a later date
- seeing no violation of a \right secured .. . by the Constitution or laws of the United States\ where the charges against the defendant were dismissed and he was released from custody followed by the State's reinstatement of those charges at a later date
- warrant of arrest issued by Governor of rendering State is prima facie evidence that the accused is a fugitive
Source: CourtListener parenthetical corpus (CC0).
Judges: Harlan
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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