Hyatt v. People Ex Rel. Corkran

Citations

• 188 U.S. 691
• 23 S. Ct. 456
• 47 L. Ed. 657
• 1903 U.S. LEXIS 1313

Syllabus

<p>A person, for whose delivery a demand has been made by executive authority of one State upon the executive authority of another State under clause 2 of section 2 of Article IV of the Constitution, and who shows conclusively, and upon conceded facts, that he was not within the demanding State at the time stated in the indictment, nor at any time when the acts were, if ever, committed, is not a fugitive from justice within the meaning of Rev. Stat. sec. 5278, and the Federal statute upon the subject of interstate extradition and rendition.</p> <p>If the governor of the State upon whom the demand is made issues a warrant for the apprehension and delivery of such a person, the warrant is but prima facie sufficient to hold the accused, and it is open to him, on habeas corpus proceedings, to show that the charge upon which his delivery is demanded assumes that ho was absent from the demanding State at the time the crime alleged was, if ever, committed.</p>