Compton v. Alabama

Citations

• 214 U.S. 1
• 29 S. Ct. 605
• 53 L. Ed. 885
• 1909 U.S. LEXIS 1887

Syllabus

<p>Unless the State demanding the return of an alleged fugitive from justice-furnishes a copy of an indictment against the accused or an affidavit before a magistrate as provided by § 5278, Rev. Stát., the ' executive of the State.upon whom the demand is made, may de- . cline to honor the requisition; and, in the absence of such indiet- , ment or affidavit, no authority is conferred upon him by § 5278, Rev. Stat., to is$üe his warrant of arrest for a crime committed in another State.</p> <p>An affidavit before a notary public is sufficient under § 5278, Rev. Stat., upon which to base a demand for return of a fugitive from'justice if such officer is, as .hels regarded in Georgia, a magistrate.under the law of the State.</p> <p>Where the papers upon which the requisition for the return of an alleged fugitive from justice is based are regarded as sufficient by the' executive authorities of both the States making, and honoring, the demand, the .judiciary should not interfere on habeas carpus and discharge the prisoner upon technical grounds unless it is clear that the action plainly contravenes the law.'</p> <p>152 Alabama, 68, affirmed. •</p>