New criminal procedure Volume 1 ; or, New commentaries on the law of pleading and evidence and the practice in criminal cases

 
9781130820188: New criminal procedure Volume 1 ; or, New commentaries on the law of pleading and evidence and the practice in criminal cases
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1913 Excerpt: ...84 N. T. 438; In re Hooper, 52 Wis. 699, 58 N. W. 741; P. v. Pinkerton, 77 N. Y. 245; Leary's Case, 6 Abb. N. Cas. 43; Ex parte Swearingen, supra; P. v. Police Comr., 100 Ap. D. 483, 91 N. Y. S. 760; Ex parte Edwards (Miss. 1905), 44 So. 827. See as to recitals in warrant. S. v. Clough, 71 N. H. 594, 67 L. R. A. 596; affirmed 196 U. S. 364, 25 S. Ct. 282, 49 L. Ed. 515. 47. Nichols v. Cornelius, 7 Ind. 611. 48. Ex parte Cubreth, 49 Cal. 435.. 49. Ex parte Thornton, 9 Tex. 635. 50. Kingsbury's Case, 106 Mass. 223; In re Clark, supra; In re Brown, 112 Mass. 409, 17 Am. 114. 51. Vallad v. St. Louis, 2 Mo. 26. 5. The Agent--to transmit the fugitive is protected, though there is a defect in the warrant of arrest; for with that he has nothing to do.52 If he withdraws the requisition and declines to receive the fugive, he will be presumed to represent his principal therein.63 223. 1. Arrests under State Authority.--Our constitutional provision binds the several States and the officers of each, the same as though it were in the Constitution of the State. Therefore each State may have its own statutes, and most of them do, to assist and direct the officers in the performance of this constitutional duty,54 yet not in a way contravening the act of Congress,65 but furnishing minuter directions and auxiliary helps.66 Some cases, explanatory of State statutes, are referred to in a note.57 Thus--2. Before Requisition.--The act of Congress provides for no steps in the State to which the fugitive has fled, until a requisition has been made by the governor of that of the offence;68 but some of the State statutes authorize, without this preliminary, the arrest of the fugitive and holding him to await a requisition, while others do not, or 52. Johnston v. Vanamrlnge, 5 B...

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9781130314694: New criminal procedure Volume 1; or, New commentaries on the law of pleading and evidence and the practice in criminal cases

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ISBN 10:  1130314693 ISBN 13:  9781130314694
Publisher: RareBooksClub.com, 2012
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