Ptjgitive

Used only in the sense of a "fugitive from justice:" a person who commits a crime within a State, and withdraws himself from its jurisdiction without waiting to abide the consequences of his act.2 Acts of limitation of criminal prosecution do not apply to persons " fleeing from justice." ' " Fleeing from justice " (act of 1790) is, leaving one's home or residence or known place of abode, with intent to avoid detection or punishment for some public offense against the United States. An offender may flee by secreting himself, or by not being usually and publicly known as being within the district.* " A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice," etc., are the words of the Constitution relating to extradition of offenders.' There must be an actual fleeing. " Who shall flee " does not include a person who was never in the place from which he is said to have fled.' Defendant may plead either specially or generally; if specially, the government may reply " He fled," etc. Defendant may not demur.' See at length Extradi- 1 Kimball v. Sattley, 56 Vt. 291 (1883), cases, Teazey, J.; ib. 540; 118 Mass. 125; 40 Md. 218. ' [Be Voorhees, 32 N. J. L. 160 (1867), Beasley, C. J. » See Act of 1790, § 3?: E. S. § 1043; Act of 1804, § 3: B. S. S 1046. « United States v. O'Brian, 3 DUl. 383 (1874), DUlon, Cir. J. ' Constitution, Art. FV, sec. 2, cl. 2. 'Jones V. Leonard, 50 Iowa, 108 (1878). See also United States v. Smith, 4 Day, 126 (1809); United States V White, 5 Cranch, C. C. 44 (1836). 'United States v. Cook, 17 WaU. 168 (1872); United States V. Norton, 91 U. S. 666 (1875); 3 Crim. Law Mag. of practice. PULriLL. See Perfobm.