Kurtz v. State

Citations

• 22 Fla. 36

Syllabus

<p>1. The act of the Legislature of the State of Florida, of February 17th, 1881, providing for the arrest and detention of fugitives from justice from other States, is not in conflict with section 2, Article 4, of the Constitution of the United States, or sections 5278 and 5279 of the Revised Statutes passed in pursuance thereof.</p> <p>2. It is not necesssary to consider the question as to the right of the Governor of .this State to withhold the papers upon which he based his warrant for the arrest of an accused fugitive from justice when the record shows that the requisition and accompanying papers from the Governor of the State where the crime was committed constituted the evidence upon which he acted, and were submitted to the court to which the writ of habeas corpus was returned.</p> <p>3. It is immaterial whether the warrant of the Governor of this State, for the arrest of a fugitive from justice from another State is based on an original affidavit or a copy thereof, when either one presented to the resident Governor is certified to by the Governor of the State where the crime was committed as being authentic.</p> <p>4. The fugitive from justice cannot on habeas corpus impeach the validity of the affidavit upon which the requisition was founded, if it distinctly charge the commission of a crime.</p> <p>5. A police magistrate of a city in the State of New York is a magistrate within the meaning of section 5278 of the Revised Statutes, of the United States.</p> <p>6. The principle of res adjudicata cannot be applied to a case where a fugitive from justice is arrested a second time on a second warrant issued by the Governor of this State, though the offence charged in each warrant is the same.</p>