Dominguez v State of Texas

• Docket Number: Case No. 191
• Date: 24 June 1921
• Court: Texas Court of Appeals

United States, Texas Court of Criminal Appeals.

Case No. 191

Dominguez

and

State.

Extradition — Arrest by Expeditionary Force in Hot Pursuit of Bandits Analogous to Extradition — Application of Principle of Speciality — Forcible Kidnapping.

The Facts.—In pursuance of orders given by the War Department authority, a detachment of United States troops crossed the border into Mexico in hot pursuit of certain bandits. Dominguez, a Mexican citizen, was captured and brought back by the expedition. He was subsequently released by the expedition, since it appeared that he was not one of the bandits whom they were pursuing. He was then arrested by Texas authorities and placed on trial for murder. He was convicted, and appealed on the ground of lack of jurisdiction.

Held: That the judgment must be reversed. The entry of troops into Mexico was presumably in accordance with arrangements approved by the Mexican Government. The right of the United States to hold Dominguez was no greater than if he had been extradited. A defendant extradited for one crime could not be tried for another crime unless he had been given a chance to leave the country. (United States v. RauscherUNK, 119 U.S. 407.) Where a defendant was not extradited, but was forcibly kidnapped or abducted from a foreign country, he might be tried if he were brought into the State and there arrested. (Ker v. IllinoisUNK, 119 U.S. 436.) The question was which principle governed the present case. The Court held that this action by the expedition, under the authority of the United States, and presumably pursuant to agreement with Mexico, was not an unlawful kidnapping. “If the apprehension of appellant was due...