Ex Parte Reggel

Citations

• 114 U.S. 642
• 5 S. Ct. 1148
• 29 L. Ed. 250
• 1885 U.S. LEXIS 1805

Syllabus

<p>The statute requiring the surrender- of a fugitive from justice, found in one of the Territories, to the State in which he stands charged with treason, felony, or other crime, embraces every offence known to the laws of the demanding State, including misdemeanors.</p> <p>Bach State has the right to prescribe the forms of pleading and process to he observed in its courts, in both civil and criminal cases, subject only to those provisions of the national Constitution designed for the protection of life, liberty and property in all the States of the Union ; consequently, in a case involving the surrender; under the act of Congress, of a fugitive from justice, it may not be objected that the indictment is not framed' according to the technical rules .of criminal pleading, if it conforms substantially to the laws of the demanding State.</p> <p>Upon the executive of. the State or Territory in which the accused is found rests the responsibility of determining whether he is a fugitive from the justice of the demanding State. But the act of Congress does not direct his surrender, unless it is made to appear that he is, in fact, a fugitive from justice.</p> <p>If the determination of that fact, upon proof before the executive of the State where the alleged fugitive is found, is subject to judicial review upon ha-beas corpus, the accused, being in custody under his warrant — which recites the requisition of the demanding State, accompanied by an,authentic indictment, charging him substantially as required by its laws with' a specific crime committed within its jurisdiction — should not be discharged, because, in the judgment of the court; the proof showing that he was a fugitive from justice may not be as full as might properly have been required.</p>