Ex parte Rosenblat

Citations

• 51 Cal. 285

Syllabus

<p>Abbest os Fugitive fbom Justice.—Although, under the Constitution of the United States and the Act of Congress, a State is only bound to surrender a fugitive from justice for whom a requisition has been issued by the Governor of a sister State, yet the Legislature, upon principles of comity, may provide for the arrest and detention of such fugitive before the requisition has arrived, and may accompany the act for the arrest by as many conditions (favorable to the alleged fugitive) as to his mode of arrest and examination as it may see fit, and such act must be strictly complied with.</p> <p>Idem.—Beading section 1550, in connection with 861 of the Penal Code, it would seem that when a person is arrested, charged with the commission of a crime in another State, before a demand for his surrender has been made by the Governor of the other State, he is entitled to his discharge if, after his examination has commenced, it is postponed against his consent for a longer period than that mentioned in section 861.</p> <p>Abbest or a Person on both Cbiminal and Civil Pbooess.—An officer, armed with process for the arrest of a person in a civil suit, cannot take the defendant from the hands of another officer who holds him on a warrant issued in a criminal Case ; nor can he hold such person as against one armed with a criminal warrant; and the same rule applies to a proceeding under a requisition from the Governor of another State asking for his return as a fugitive from justice.</p>