Ex parte Moebus

Citations

• 137 F. 154
• 1905 U.S. App. LEXIS 5210

Syllabus

<p>1. Federal Courts—Habeas Corpus—Regularity of Extradition Proceedings.</p> <p>A petition for a writ of habeas corpus held not to state a case for federal interference on the ground of irregularity in extradition proceedings, in view of the rule of the Supreme Court that a large measure of credence and eonclusiveness must be accorded to proceedings before the Governor in such cases.</p> <p>2. Extradition—Escaped Prisoner—Lapse of Sentence.</p> <p>A convict who escapes before the completion of his term of imprisonment is not entitled to an allowance of the time while he is so at large on liis sentence, and lapse of time will not affect its validity and effectiveness as a basis for extradition proceedings.</p> <p>3. Federal Courts—Habeas Corpus for State Prisoner—Sufficiency of Petition.</p> <p>A petition for a writ of habeas corpus, which shows on its face that the petitioner, since his extradition from another state, has been confined in a penitentiary for five years upon no other process of commitment than the Governor’s warrant, states a case of deprivation of rights under the Constitution of the United States, which authorizes and requires a federal court to take jurisdiction.</p>