McFadden v. Meyering
| Decision Date | 18 December 1934 |
| Docket Number | No. 22608.,22608. |
| Citation | 358 Ill. 442,193 N.E. 475 |
| Parties | PEOPLE ex rel. McFADDEN v. MEYERING, Sheriff. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
Petition for a writ of habeas corpus by the People, on the relation of Edward McFadden, against William D. Meyering, sheriff. From a judgment dismissing the petition, petitioner appeals.
Affirmed.
Appeal from Criminal Court, Cook County; Daniel P. Trude, judge.
Stansbury & Callaghan, of Chicago (Northup & Beardsley, of Chicago, of counsel), for appellant.
Otto Kerner, Atty. Gen., Thomas J. Courtney, State's Atty., of Chicago, and J. J. Neiger, of Springfield (Edward E. Wilson, Henry E. Seyfarth, and Walter McCoy, all of Chicago, of counsel), for appellee.
Edward McFadden was apprehended as a fugitive from justice by the authority of a Governor's warrant issued upon the demand of the Governor of Wisconsin. The sheriff produced McFadden in the criminal court of Cook county. The prisoner filed a petition charging, among other things, that he was not a fugitive from the justice of Wisconsin and praying for a writ of habeas corpus to relieve him from his detention. A hearing upon the petition resulted in its dismissal and the consequent remandment of the petitioner to the sheriff's custody. McFadden prosecutes this appeal.
The warrant of the Governor of this state and the requisition of the Governor of Wisconsin for the rendition of McFadden were introduced in evidence. The requisition was accompanied by the complaint charging McFadden, on July 19, 1933, in Walworth county, Wis., with the possession of a machine gun for aggressive purposes and the carrying concealed of other dangerous weapons; the warrant issued upon that complaint; the affidavit by the sheriff of Walworth county in support of the requisition and the district attorney's certificate of approval. The Governor of Wisconsin certified to the authenticity of the papers attached to his requisition.
Two witnesses testified,; and a statement which, it was agreed, sets forth the testimony of a third, was admitted in evidence. From the testimony and the statement, it appears that several police officers of the city of Chicago and four agents of the United States Department of Justice, on July 20, 1933, entered the county jail of Walworth county, Wis., at Elkhorn, in which McFadden was incarcerated; that the sheriff surrendered him to the custody of the federal agents; that, at the request of these agents, the police officers took McFadden to Chicago; that he was kept at the detective bureau in that city until July 24, 1933, when, at the request of a representative of the government of the United States, he was returned to the county jail at Elkhorn; that after his detention there for less than an hour he was removed to Milwaukee upon a United States commissioner's warrant; that subsequently he was taken to St. Paul, Minn., where he was detained from August 18, until December, 1933; that he was then brought back to Illinois to answer, with other defendants, the charge of kidnapping, and that the entry of a nolle prosequi upon the trial of that charge resulted in his release.
A single question is presented for decision. It is whether, under the laws of the United States and the state of Illinois, McFadden, the relator, is a fugitive from the justice of the state of Wisconsin.
The second paragraph of section 2 of article 4 of the Constitution of the United States provides that a person charged in any state with treason, felony, or other crime, who shall flee from justice, and be found in another state, shall, on demand of the executive authority of the state from which he fled, be delivered up to be removed to the state having jurisdiction of the crime. The pertinent part of the federal statute enacted to enforce the foregoing provision of the Constitution provides that, whenever the executive authority of any state or territory demands any person as a fugitive from justice, of the executive authority of any state or territory to which such person has fled, and produces a copy...
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Clark v. Commissioner of Correction
...extradition as a fugitive from justice. See, e.g., Hart v. Mangum, 146 Ga. 497, 497, 91 S.E. 543 (1917); People ex rel. McFadden v. Meyering, 358 Ill. 442, 445-46, 193 N.E. 475 (1934); In re Petition of Martin, 142 Kan. 907, 909, 52 P.2d 1196 (1935); State ex rel. Shapiro v. Wall, 187 Minn.......
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