Ex parte Wall

Citations

• 84 Miss. 783

Syllabus

<p>1. Habeas Corpus. Bail. Pendency of appeal. Mwrder. Extradition. Code 1892, l 2227.</p> <p>Under Code 1892, § 2227, denying the benefits of the writ of habeas corpus to one charged with an offense committed in any other part of the United States, and who, agreeably to .the constitution of the United States or the laws of the state, ought to be delivered up to the executive power of the state or territory where the offense is charged to have been committed, a person indicted for murder in another state — an offense not there bailable — and who has been arrested in this state on a warrant issued by the governor upon requisition from the chief executive of such other state, is not entitled to bail pending his appeal to the supreme court from a judgment remanding him to custody in a habeas corpus proceeding based upon the ground that he is not a fugitive from justice and was not in such other state when the crime was committed.</p> <p>2. Same.</p> <p>Distinction pointed out between cases of arrest and examination for commitment to await extradition demand and warrant, on the one hand,' and cases arising on habeas corpus after arrest on executive warrant for extradition, on the other.</p>