Mahon v. Justice

Citations

• 127 U.S. 700
• 8 S. Ct. 1204
• 32 L. Ed. 283
• 1888 U.S. LEXIS 2034

Syllabus

<p>No mode is provided by the Constitution and laws of the United States by which a person, unlawfully abducted from one State to another, and held in the latter State upon process of law for an offence against the State, can be restored to the State from which he was abducted.</p> <p>There is no comity between the States by which-a person held upon an indictment for a criminal offence in one State can be turned over .to the authorities of another State, although abducted from the latter.</p> <p>A, being indicted in Kentucky for felony, escaped to West Virginia. While the governor of West Virginia was considering an application from the governor of Kentucky for his surrender as a fugitive from justice, he was forcibly abducted to Kentucky, and when there was seized by the Kentucky authorities under legal process, and put in jail and held to answer the indictment. Held, that he was not entitled to be discharged from custody under a writ of habeas corpus from the Circuit Court of the United States.</p>