Ex parte Devine

Citations

• 74 Miss. 715

Syllabus

<p>1. Extradition. Guilt or innocence. Habeas corpus.</p> <p>Where relator is arrested for crime committed in another state,' upon the warrant of the governor of this state authorizing extradition, the guilt or innocence of relator cannot be inquired into on habeas corpus in this state.</p> <p>3. Same. Habeas corpus. Return. Exception. Governor’s warrant.</p> <p>Upon habeas corpus it is not cause of exception to the officer’s return, showing- that relator is held upon the warrant of the governor of this state for extradition for crime committed in another state, that it does not show an affidavit or indictment emanating from the authorities of the other state. The wai-rant of the governor is prima facie correctly issued, and the return, to be prima faoie sufficient, need not show anything more.</p> <p>3. Same. Copy of indictment.</p> <p>Upon habeas corpus in such case, the relator may show, as a fact, if he can, that the warrant for extradition was issued by the governor of this state without having received from the chief executive of the other state a copy of the affidavit or indictment charging the relator with crime in such other state.</p> <p>4. Same. Code 1893, l 3163.</p> <p>The power of the executive to extradite fugitives from justice is conferred, and the conditions of its exercise are prescribed, by code 1893, $ 3163, and special statutory authority, even when'applied to the acts of public officers, must be strictly executed and all prescribed formalities observed.</p>