Bracco v. Wooster
| Citation | 20 A.2d 640 |
| Parties | BRACCO v. WOOSTER. |
| Decision Date | 03 June 1941 |
| Court | Supreme Court of New Hampshire |
Exceptions from Superior Court, Hillsborough County; Connor, Judge.
Petition by Joseph Bracco otherwise known as Joseph Bruno against George A. Wooster for writ of habeas corpus to obtain the petitioner's release from custody of the defendant, who was sheriff of Merrimack county. The petition was dismissed and the petitioner brings exceptions.
Exceptions overruled.
Petition, for a writ of habeas corpus. The plaintiff, an alleged fugitive from justice, was delivered into the custody of the defendant, Sheriff of Merrimack County, under a warrant from the Governor of this State issued on the requisition of the Governor of Pennsylvania. Trial before Connor, J, who dismissed the petition.
At the conclusion of the evidence the plaintiff moved that he be discharged because the requisition "does not set forth substantially that a crime as charged has been committed"; because the indictment is "faulty" and "vague" and "does not inform the prisoner of the character of the crime nor the place or circumstances of its commission"; because the offence alleged is a misdemeanor of a petty nature; because "the petitioner is Joseph Bruno and not Joseph Bracco as set forth in said requisition and warrant"; and because "the evidence does not conclusively prove that the petitioner is a fugitive from justice or that he fled from the Commonwealth of Pennsylvania."
This motion was denied subject to exception. Exceptions were also taken to the admission of certain evidence and to the denial of a motion to set aside the order dismissing the petition on the ground that the order is against the law and the evidence.
John J. Sheehan and John S. Hurley, both of Manchester, for plaintiff.
Frank R. Kenison, Atty. Gen., for defendant.
It is the duty of the Governor "to have arrested and deliver up to the executive authority of any other state of the United States any person charged in that state with treason, felony, or other crime, who has fled from justice and is found in this state." Laws 1937, c. 70, § 1. The word "crime" as used in extradition statutes embraces every offense known to the law of the demanding state, including misdemeanors. Ex parte Reggel, 114 U.S. 642, 650, 5 S.Ct. 1148, 29 L.Ed. 250.
The grounds of the plaintiff's motions are entirely without merit. The requisition is accompanied by a duly authenticated indictment which substantially charges the commission of an offense against the laws of Pennsylvania. See State v. Clough, 71 N.H. 594, 605, 53 A. 1086, 67 L.R.A. 946. The offense charged is a violation of the penal code of Pennsylvania relating to the establishment of a gambling place. See Laws Pa.1939, p. 916, 18 P.S.Pa. § 4605. There is an averment that the offense was committed in the jurisdiction of the Court of Quarter Sessions for the County of Delaware. An assistant district attorney for that county testified, subject to exception, that "it is sufficient to charge in the indictment that the offense was committed in the county or in the jurisdiction of the court, the only exception...
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...to prove or disprove that the plaintiff is that person. See, e. g., Debski v. State,115 N.H. 673, 348 A.2d 343 (1975); Bracco v. Wooster, 91 N.H. 413, 20 A.2d 640 (1941). If the evidence the State produces at the hearing consists of only the rendition papers, and the papers contain only the......
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...under the law of Massachusetts is substantially charged. RSA 612:3, supra. Hinz v. Perkins, 97 N.H. 114, 115, 82 A.2d 423; Bracco v. Wooster, 91 N.H. 413, 20 A.2d 640; Annot. 40 A.L.R.2d 1151. Mass. G.L., c. 273, § 15 provides in part: 'Any father of an illegitimate child, whether begotten ......
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Smith v. Helgemoe, 7605
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Hinz v. Perkins, 4044
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