Gillis v. Leekley

Citations

• 38 Wash. 156
• 80 P. 300
• 1905 Wash. LEXIS 1138

Syllabus

<p>Extradition—Identity—-Question How Raised—Habeas Cóübus —Pleadings. Upon babeas corpus to release a fugitive from justice held under a rendition warrant, tbe objection that tbe identity of tbe prisoner was not established cannot be urged where tbe pleadings did not put the identity in issue, but merely averred that be was not guilty.</p> <p>Same—Rendition Warrant—Prima Facie Evidence or Necessary Facts. Upon habeas corpus a rendition warrant in due form is prima facie evidence of every fact which tbe executive must determine.</p> <p>Extradition—Grounds of Demand—Governor’s Investigation— Prosecuting Officer. Upon an application for the extradition of a fugitive from justice, the governor is not required by Pierce’s Code, § 2035, to require the prosecuting ofheer to investigate the grounds of the demand, since the governor, acting under the federal laws, may investigate the grounds of the demand through such agency as he chooses.</p> <p>Same—Demand by Governor of Adaska. The governor may extradite a fugitive from justice on the demand of the governor of Alaska, under the provisions of § 393 of the Alaska Criminal Code, authorizing the governor of Alaska to make demand therefor, and under Pierce’s Code, § 2035, providing therefor where a demand is made in any case authorized by the laws of the United States.</p>