In re Rudebeck

Citations

• 95 Wash. 433
• 163 P. 930
• 1917 Wash. LEXIS 817

Syllabus

<p>Habeas Corpus — Extradition—Scope of Inquiry. The courts of this state can and should inquire by habeas corpus, and determine whether an indictment upon which a warrant of extradition is based substantially charges the accused with a crime against the laws of the state to which he is sought to-be returned; but cannot go into the merits of the case in an effort to determine his guilt or innocence nor decide the technical sufficiency of the proceeding.</p> <p>Same — Indictment—False Pretenses — Sufficiency. Upon habeas corpus proceedings to relieve from a warrant of extradition, it will be held that an indictment by a grand jury in Iowa substantially charges a violation of Code of Iowa 1897, § 5041, relating to false pretenses whereby any person, with intent to defraud, shall obtain any money, goods, or other property, where the indictment alleges the obtaining of money by false pretenses with intent to deceive by false representations as to the assets of a corporation whereby the prosecuting witness was induced to purchase stock, and it is unnecessary to allege that the stock was not worth what was paid for it, since the purchaser was actually defrauded if he did not get what he bargained for.</p>