Pierce v. Creecy

Citations

• 210 U.S. 387
• 28 S. Ct. 714
• 52 L. Ed. 1113
• 1908 U.S. LEXIS 1518

Syllabus

<p>Whether or not the indictment on which the demand for petitioner’s surrender for interstate extradition is based charges him with crime within the requirements of Article IV, § 2, par. 2, of the Federal Constitution, involves the construction of that instrument, and a direct appeal lies to this court from the Circuit Court under § 5 of the Judiciary Act of 1891.</p> <p>While no person may be lawfully extradited from one State to another under Article IV, § 2, par. 2 of the Federal Constitution unless he has been charged with crime in the latter State, there is.no constitutional requirement that there should be anything more than a charge of crime, and an indictment which clearly describes the crime charged is sufficient even though it may possibly be bad as a pleading.</p> <p>The Federal courts cannot, on habeas corpus, inquire into the truth of an allegation presenting mixed questions of law and fact in the indictment on which the demand for petitioner’s interstate extradition is based; and quaere whether it may inquire whether such indictment was or was not found in good faith.</p> <p>A Federal court should not, unless plainly required so to do by the Constitution, assume a duty the exercise of which might lead to a miscarriage of justice prejudicial to the interests of a State.</p>