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194 F.2d 354

Docket No. 11196.

Maktos v. Matthews

District of Columbia Circuit Court of Appeals

Argued Jan. 21, 1952.

Decided Jan. 31, 1952.

District of Columbia Circuit Court of Appeals · decided 1952-01-31

2 counsel of record

Relies on Lee Won Sing v. Cottone · Reed v. Colpoys · Levy v. Splain

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1952-01-31

How this case has been cited

Cited by 11 later decisions — most recently July 1976

7 federal appellate · 4 state decisions

60195219601970decided

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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¶1Henry J. Siegman, Washington, D.C., with whom Mr. John J. O’Brien, Washington, D.C., was on the brief, for appellants.

¶2Lewis A. Carroll, Asst. U. S. Atty., Washington, D.C., with whom Messrs. Charles M. Irelan, U. S. Atty. at the time the brief was filed, and Joseph M. Howard and Emory W. Reisinger, II, Asst. U. S. Attys., all of Washington, D.C., were on the brief, for appellee. George Morris Fay, U. S. Atty. at the time the record was filed, Washington, D.C., also entered an appearance for appellee.

¶3Before EDGERTON, WILBUR K. MILLER and FAHY, Circuit Judges.

¶4PER CURIAM.

¶5The Chief Judge of the United States District Court for the District of Columbia, after a hearing, ordered the appellants extradited to North Carolina and committed them to the custody of the United States Marshal.1 Pursuant to their petition, a writ of habeas corpus issued to test the legality of their detention. This appeal is from the order discharging the writ.

¶6Appellants say they were not in North Carolina when the crime was alleged to have been committed, and so were not fugitives from the justice of that state. If so, they were entitled to be released from custody. If not, they were legally held. That was the only issue presented to .the trial court.

¶7The North Carolina indictment, a copy of which accompanied the governor’s requisition, charged their presence there and, being prima facie proof thereof, was determinative of the issue unless the appellants proved the contrary.2 As they offered no evidence that they were not in' the demanding state at the time alleged in the indictment, the district judge could do nothing but discharge the writ.

¶8The appellants say in their brief, “The Court refused to hear any evidence as to fugitivity and as a result the writ was dis*355charged and the petition dismissed.” We find nothing in the record to support that statement; on the other hand, we observe that the district judge invited them to make such proof.

¶9Affirmed.

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