150 Iowa 144 | Iowa | 1911
The appellant’s case is concisely stated in his brief as follows:
About the 1st day of September, 1910, the appellant, J. M. Harris, was apprehended at Sioux City, Iowa, on the charge of being a fugitive from justice of the state of Minnesota, and imprisoned in the city jail of the city of Sioux City, Iowa, awaiting extradition proceedings. On the 10th day of September, 1910, appellant was arrested as such fugitive, under and by virtue of a certain warrant of extradition issued by the Governor of the state of Iowa upon a certain requisition of the Governor of the state of Minnesota, demanding the surrender of said appellant as a fugitive from justice. After such arrest, appellant filed his petition in the district court of Wood-bury county, Iowa, in which he alleged that he was illegaly restrained of his liberty by the appellees under said warrant of extradition, and alleged that he was not a fugitive from justice, and that no copy of indictment or affidavit, as required by section 5278 of Revised Statutes of the United States (H. S. Comp. St. 1901, p. 3591), accompanied said requisition or was produced before the Governor of the state of Iowa at the time of the issuance of said warrant, and, further, that there was no competent evidence produced before the Governor of the state of Iowa, at the time of the granting of said warrant of extradition, that the appellant was a fugitive from the justice of the state of' Minnesota, and that, therefore, said warrant of extradition was null and void.
It appears from the record that the petitioner was indicted by the grand jury of St. Louis county, Minn., for grand larceny in the first degree, in that he had obtained from one Runquist by false representations certain horses and mules of the value of $950. This indictment furnished the basis of the requisition from the Governor of Minnesota upon which the warrant of extradition was issued by the Governor of Iowa. The principal point argued before us is that such indictment does not charge an offense under the laws of Minnesota. The indictment appears to be based
We find nothing in the indictment itself to indicate that the purported offense charged is in any manner covered by. section 5089. It does not appear that the indictment is based upon an alleged “purchase,” unless it be inferentially; nor does it appear that the false pretense relates to the “purchaser’s means or ability to pay.” Some evidence was introduced by the petitioner, over the objection of the defendants, to the effect that he was a “purchaser;” but the trial court refused to go into this question.
The order of the trial court must be affirmed.