In re Tod

Citations

• 12 S.D. 386
• 47 L.R.A. 566
• 81 N.W. 637
• 1900 S.D. LEXIS 44

Syllabus

<p>1. On the hearing of a writ, of habeas corpus in behalf of a. prisoner held by extradition warrant, the court may inquire whether an offense was charged, whether the prisoner was a fugitive from justice, and whether the purported warrant was in fact issued bv the govei nor; and it is bound to do so when these questions are properly presented.</p> <p>2. Where one sought to be extradited for an offense involving fraud left the state where it was alleged to have been committed, not only willi the knowledge, but at the special request, of the parties alleged to have been defrauded, he is not a fugitive from justice, within the meaning of the federal constitution and the extradition act. .</p> <p>3. The duty of examining extradition papers, passing on their validity, and issuing his warrant devolves on the governor peí son ally, and the power cannot be delegated.</p>