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145 Cal. 563

In re Letcher

California Supreme Court

Decided December 19, 1904

California Supreme Court · decided 1904-12-19

WRIT OF HABEAS CORPUS to Garret Fox and George W. Wittman. The petitioner alleges unlawful restraint under extradition proceedings from the governor of Ohio to the governor of this state, to answer to an indictment found in the state of Ohio November 21, 1904, for the crime of burning a building in that state January 4, 1881, for the purpose of defrauding an insurance company, by aiding and abetting other persons named in the indictment to commit such crime.

Relies on Roberts v. Reilly

Good law ✅— No negative treatment on recordhow we know

Decided 1904-12-19

How this case has been cited

Cited by 4 later decisions — most recently August 1982

4 state decisions

10190419101920193019401950196019701980decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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THE COURT.

¶1The indictment charges a public offense within the statute of the state of Ohio. The regularity of the proceedings had in that state before extradition is not reviewable by us in this proceeding.

¶2Upon the proposition as to whether or not the petitioner is a fugitive from justice within the meaning of the constitution of the United States, that question seems to be absolutely decided against petitioner’s contention by the supreme court of the United States in Roberts v. Reilly, 116 U. S. 80, and the decision of that court upon this constitutional question is absolutely binding upon this tribunal. Whether or not the facts in the case of petitioner are such as to call for a modification of the views expressed in Roberts v. Reillyis a question which can only be decided by the federal courts, whose writs and processes are open to petitioner.

¶3The petitioner is remanded.

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