Ker v. People

Citations

• 110 Ill. 627
• 1884 Ill. LEXIS 1396

Syllabus

<p>1. Criminal law—plea to jurisdiction—■illegal arrest in foreign country. To an indictment for embezzlement and larceny the defendant pleaded to the jurisdiction of the court, in sftbstance, that the President of the United States, upon the written request of the Governor of this State, issued an extradition warrant to the government of Peru for the surrender of the defendant, under the treaty with that government, to be brought back to this country on a charge of larceny; that on the same day this warrant was issued, the Secretary of State made a written request upon the United States consul acting at Lima, to procure the executive of Peru to surrender the defendant to one Julian, under said treaty; that no request was ever made by said consul, or by Julian, or by any other person, upon any of the authorities of the government of Peru for the surrender of defendant, nor was any consent of authority given by any of the authorities or agents of Peru, to Julian or to any other person, to arrest and remove defendant from Peru; and that on April 3, 1883, while the defendant was domiciled at Lima, in Peru, Julian, with the aid of persons whose names were unknown, without any authority or warrant from the authorities or diplomatic agents of Peru, arrested the defendant, and forced him to go to Callao, and there placed him on board a vessel and carried him to Honolulu, and at that port transferred him to another vessel which carried him to San Francisco, California, where he was arrested on a requisition from the Governor of this State, and brought to this State for trial. The court below sustained a demurrer to this plea: Held, that the demurrer was properly sustained.</p> <p>2. Same—on requisition, regularity of arrest not open to question. Where a person charged with crime in this State was arrested in a sister State and brought here for trial, on a requisition of the Governor of this State, it was held, that our courts, on the trial of such fugitive, would not inquir