In re Renshaw

Citations

• 18 S.D. 32
• 99 N.W. 83
• 1904 S.D. LEXIS 17

Syllabus

<p>1. The Iowa statute, providing that ii any mortgagor of personal property, while the mortgage remains unsatisfied, shall willfully sell or dispose of the property without the mortgagee’s written consent, he shall he guilty of larceny, etc., covers the case of a sale in Iowai of personalty mortgaged to residents of that state,'though the mortgage was executed, delivered and filed in another state by nonresidents of Iowa.</p> <p>2. In habeas corpus by prisoners held pursuant to an indictment found in a sister state, the burden is on relators to show that the indictment Í3 insufficient by producing, if necessary, the statute under which it was found; and hence the fact that such statute was not submitted with the requisition papers to the governor under whose warranty relators were arrested will not warrant the presumption that the law of the sister state is the same as that of the forum, under which the indictment would be insufficient.</p> <p>3. It is presumed that the acts charged in the indictment found in a sister state, under which the extradition of fugitives from justice is sought, are sufficient to constitute a crime under its laws.</p> <p>4. Where a warrant is issued by the governor upon proper requisition papers from a sister state, and in strict compliance with the act of Congress, under which fugitives from justice are arrested, the technical sufficiency of the indictment found in the sister state to charge a crime ■ under its statutes is a question for the determination of its courts.</p>