188 F. 540 | U.S. Circuit Court for the District of Southern New York | 1911
“•Sufficient evidence having been forthcoming to proceed against Roberto Urzna as the presumed slayer of Jose Ruesga, in accordance with articles 244,*542 245, and 246, subsec. 4, of tbe Code of Penal Procedure, let tbe order be issued from headquarters. Tbe judge of tbe Third criminal district so decrees.
“[Signed] Francisco S. Palafox.
“0. Gonzalez Madrid.
“Affirmed by tbe Public Minister.
“[Signed] .Tose A. Aguyo.
“C. Gonzalez Madrid.
“On tbe same day with the above decree tbe order of arrest was issued in accordance with tbe provisions of that decree.
“[Signed] Gonzalez Madrid.”
This was sufficient proof of the issuance of a warrant of arrest. The days when federal courts were astute to defeat requisitions, where the evidence indicated quite clearly that an extraditable offense had been committed, on highly technical grounds, have long since passed, and the earlier authorities on the procedure in'extradition are not as persuasive as they once were.
4. There is no force in the contention that the requisition charges petitioner, not with murder, but with homicide. Reference to the treaty, whose clauses are printed in parallel columns in English and Spanish, shows that the word “homocidio” was considered by the two governments as the equivalent of “murder,” including among other crimes “asesinato,” or “assassination.” The proofs show that it is that variety of “homicidio” which is known as “asesinato” with which petitioner is charged.
The findings of the United States commissioner are affirmed, and the writ of habeas corpus is dismissed.