Ex parte Maloney

Citations

• 29 Ohio C.C. Dec. 357
• 27 Ohio C.C. (n.s.) 529

Syllabus

<p>EXTRADITION — HABEAS CORPUS.</p> <p>Certified Authentic Affidavit Charging Crime in State Asking Extradition of Fugitive, not Probable Guilt of Accused, Essential for Governor to issue Process.</p> <p>It is the duty of the governor of this state to issue a warrant of arrest for one alleged to be a fugitive from justice in another state, upon demand of the governor of such other state accompanied by an affidavit, certified as authentic, which sets forth the charge made against the said alleged fugitive and the charge so set forth constitutes a crime or felony committed in such other state; and it is not the province of the governor to inquire whether the person sought to be extradited is guilty of the offense charged; and a court is without authority, upon application for release by habeas corpus, to hear the case on its merits for the purpose of determining whether or not the accused is probably guilty of the offense for which he is being extradited.</p>