Thorp v. Metzger

Citations

• 77 Wash. 62
• 137 P. 330
• 1913 Wash. LEXIS 1896

Syllabus

<p>Extradition — Interstate—Requisites. Under the U. S. Const., art. 4, §2, and U. S. Rev. Stat. §5278, providing for interstate extradition of fugitives from justice, the accused must be demanded as a fugitive from justice by the executive of the state from which he fled, and the demand must be accompanied by a copy of the in■dictment or an affidavit 'made before a magistrate charging the commission of a crime, which copy must be certified to be by the executive of the demanding state.</p> <p>Habeas Corpus — Return—Demurrer. In a habeas corpus to release a prisoner, a demurrer to the officer’s return admits all the allegations thereof.</p> <p>Extradition — Interstate—Warrant—Sufficiency. An executive warrant for the extradition of a fugitive from justice need not define the crime with which the accused is charged, where it recites that he was charged with a crime, and was accompanied by the certified copy of the indictment or the charge made before a magistrate, as required by the act of Congress.</p>