Ex parte Swearingen

Citations

• 13 S.C. 74
• 1880 S.C. LEXIS 23

Syllabus

<p>1. Whenever the governor of a state demands of the governor of another state the body of a person as a fugitive from justice, producing at the same time a copy of indictment found or affidavit made, certified to be authentic by the demanding governor, and showing that the person demanded is charged with the commission of some crime in the state from which he has fled, it is the duty of the governor upon whom the demand is made to cause the arrest and delivery of the person demanded. Willard, C. J., dissenting.</p> <p>2. It cannot be objected to such arrest and delivery that the prosecution was instituted and the affidavit made by a citizen of this state, in the state where the crime was alleged to have been committed.</p> <p>3. The absence of an affidavit charging the prisoner to be a fugitive from justice, is not fatal to the requisition. Willard, O. J., dissenting.</p> <p>4. The term “flee from justice” in Arcticle IV., Section 2, of the constitution of the United States includes cases where a citizen of one state commits a crime in another state and then returns to his home.</p> <p>5. Where a prisoner is in the hands of the sheriff under a mandate issued by the governor of this state in pursuance of a requisition from the governor of Georgia, and such mandate requires the delivery of the prisoner to an agent of the governor of Georgia, the prisoner will not be discharged because that the mandate contains no order for his arrest.</p>