Munsey v. Clough
Citations
- 196 U.S. 364
- 25 S. Ct. 282
- 49 L. Ed. 515
- 1905 U.S. LEXIS 907
Syllabus
<p>Proceedings in interstate rendition are summary; strict common law evidence is not necessary, and the person demanded has no constitutional right to a hearing. The governor’s warrant for removal is sufficient until the presumption of its legality is overthrown by contrary proof in a legal proceeding to revie'w his action.</p> <p>The indictment found in the demanding State will not be presumed to be void on habeas corpus proceedings in the State in which' the demand is made if it Substantially charges an offense for which the person demanded may be returned for trial.</p> <p>Where there is no doubt that the person demanded was not in the demanding State when the crime was committed and the demand is made on the ground of constructive presence only he will be discharged on habeas corpus, but he will not be discharged when there is merely contradictory evidence as to his presence or absence, for habeas corpus is not the proper proceeding to try the question of alibi or any question as to the guilt or innocence of the accused.</p>
Judges: Peckham
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206 cases in this archive cite this case; the 20 most cited are listed.
- Michigan v. DoranSupreme Court· 1978-12-18· cited 640×
- Skaftouros v. United StatesSecond Circuit· 2011-12-20· cited 159×
- South Carolina v. BaileySupreme Court· 1933-05-22· cited 157×
- Pierce v. CreecySupreme Court· 1908-06-01· cited 142×
- Hogan v. O'NEILLSupreme Court· 1921-01-31· cited 120×
- California v. Superior Court of Cal., San Bernardino Cty.Supreme Court· 1987-06-09· cited 116×
- Vogel v. County of Los AngelesCalifornia Supreme Court· 1967-12-21· cited 76×
- United States Ex Rel. Anthony Vitiello v. Walter J. Flood, Warden of the Nassau County JailSecond Circuit· 1967-03-15· cited 64×
- Ex Parte MartinezCourt of Criminal Appeals of Texas· 1975-12-17· cited 64×
- Marbles v. CreecySupreme Court· 1909-11-15· cited 63×
- Commonwealth v. Superintendent of Philadelphia County PrisonSupreme Court of Pennsylvania· 1908-03-16· cited 62×
- State Ex Rel. Lea v. BrownTennessee Supreme Court· 1933-12-09· cited 50×
- Charles E. Smith v. State of Idaho and Paul W. Bright, Sheriff of Ada County, IdahoNinth Circuit· 1967-03-20· cited 43×
- In re ThompsonNew Jersey Court of Chancery· 1915-11-05· cited 42×
- People Ex Rel. Carr v. MurrayIllinois Supreme Court· 1934-06-15· cited 32×
- Notter v. BEASLEY, SHERIFF ETC.Indiana Supreme Court· 1960-04-27· cited 30×
- People Ex Rel. Gottschalk v. . BrownNew York Court of Appeals· 1924-04-01· cited 30×
- Commonwealth ex rel. Raucci v. PriceSupreme Court of Pennsylvania· 1962-11-13· cited 28×
- State v. LimbergSupreme Court of Minnesota· 1966-04-22· cited 27×
- HarrisMassachusetts Supreme Judicial Court· 1941-05-27· cited 26×
Cites
3 cases in this archive are cited by this case.
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