In re Foye

Citations

• 21 Wash. 250
• 57 P. 825
• 1899 Wash. LEXIS 271

Syllabus

<p>APPELLATE JURISDICTION' — HABEAS CORPUS PROCEEDINGS.</p> <p>An appeal lies to the supreme court from a judgment remanding a prisoner on habeas corpus, under Bal. Code, § 6500, authorizing an appeal “in any action or proceeding,” and Bal. Code. § 5739, declaring that a judgment in a special proceeding is a final determination of the rights of the parties therein.</p> <p>BAIL — RIGHT TO IN EXTRADITION CASES.</p> <p>Bail is not authorized pending appeal in habeas corpus proceedings in extradition cases, under the statutory provision that a writ may issue for the purpose of admitting a party to bail who is charged with an offense against the laws of the state.</p> <p>HABEAS CORPUS — ISSUE IN EXTRADITION CASES.</p> <p>The only question in habeas corpus proceedings in an extradition case is to determine whether the conditions prescribed by the United States constitution and laws of congress have been complied with.</p> <p>EXTRADITION-SUFFICIENCY OF WARRANT.</p> <p>An extradition warrant is valid where it shows upon its face a compliance with the provisions of U. S. Rev. St., § 5278, requiring the accused to be demanded as a fugitive from justice by the executive of the state from which he fled, the demand to be accompanied by a copy of the indictment found, or of an affidavit made before a magistrate charging him with the commission of a crime in the demanding state, and certified by the executive of that state to be authentic.</p>