280 F. 105 | 5th Cir. | 1922
The appellant, Crosland, a resident' of Florida, had been indicted in the United States District Court for New Jersey, and, not being found in said district, an affidavit was made before J. M. Graham, a United States commissioner for the Southern district of Florida, for his commitment for removal from Florida to New Jersey for trial. After a hearing an order committing Crosland was made, and on further hearing before the United States District Judge a warrant for removal was ordered and signed by said judge. After the commitment by the commissioner, Crosland filed his petition to the United States District Court for the Southern District of Florida for a writ of habeas corpus, alleging that he was unlawfully restrained of his liberty by said order of commitment. On a hearing the writ was ■denied. Crosland has prosecuted an appeal from this order to this court.
While a number of assignments of error are made, the decision of the points involved requires a ruling on only a few questions. The entire proceedings before the commissioner are in the record, and show a number of exceptions made before him to the affidavit filed, on the ground that it failed to comply with the laws of Florida relating to affidavits, warrants, and proceedings on preliminary hearings of persons accused of crime.
“ * * * That part of section 1014 of the Revised Statutes of the United States which says that the proceedings are to be conducted ‘agreeably to the usual mode of process against offenders in such states,’ has no relation to the inquiry on application for removal.” Tinsley v. Treat, 205 U. S. 20, 27, 27 Sup. Ct. 430, 431 (51 L. Ed. 689).
We have carefully considered the assignments of error, and find none of them require a reversal of the judgment complained of.
Judgment affirmed.