McNAMARA v. HENKEL, UNITED STATES MARSHAL FOR THE SOUTHERN DISTRICT OF NEW YORK

Citations

• 226 U.S. 520

Syllabus

<p>Under § 5270, Rev. Stat:, if the committing magistrate has jurisdiction and the offense charged is within the treaty and there is legal evidence on which to exercise his judgment as to sufficiency of the facts to establish criminality for purposes of extradition, the decision of the magistrate cannot be reviewed on habeas corpus.</p> <p>In this ease there was competent evidence that the crime of burglary as defined by the law of the State where accused was arrested had been committed and extradition was properly granted under the treaties with Great Britain of 1842 and 1889.</p> <p>Possession of the article stolen may tend to show guilty participation \\ in the burglary, and so held in this case as to possession of an automobile.</p> <p>Evidence should, if unexplained, be accorded its natural probative' force.</p> <p>Habeas corpus does not operate as a writ of error and mere errors are not subject to review, and so held as to an objection that depositions used in an extradition case were not properly certified.</p>