In Re Luis Oteiza Y Cortes

Citations

• 136 U.S. 330
• 10 S. Ct. 1031
• 34 L. Ed. 464
• 1890 U.S. LEXIS 2216

Syllabus

<p>A writ of habeas corpus in a case, of extradition cannot perform the office of a writ of error.</p> <p>If the commissioner has jurisdiction of the subject matter and of the person of the accused, and the offence charged is within the terms of a treaty of extradition, and the commissioner, in arriving at a decision to hold the accused, has before him competent legal evidence on which to exercise his judgment as to whether the facts are sufficient to establish the criminality of the accused for the purposes of extradition, such decision of the commissioner cannot be reviewed by a Circuit Court or by this court, on habeas corpus, either originally or by appeal.</p> <p>In § 5 of the' act of August 3, 1882, c. 378, (22 Stat. 216,) the words “ for similar purposes ” mean “ as evidence of criminality,” and depositions, or other papers, or copies thereof, authenticated and certified in the manner prescribed in § '6,-are not admissible in evidence, on the hearing before the commissioner, on the part of the accused.</p>