82 N.Y.S. 439 | N.Y. App. Div. | 1903
The relator presented to the Supreme Court a petition alleging-that he was arrested charged .with being a fugitive from justice of the State of New Jersey, and was taken before a city magistrate, where he demanded an examination, which was refused, and he was committed to the custody of the warden of the city prison for thirty days. The return of the warden of the city prison showed that the relator was held under an order of the magistrate, which recited that on the 6th day of April, 1903, the relator was apprehended and brought before the magistrate under a warrant issued by him as a fugitive from the justice of the State of New Jersey, charged with having committed the crime of grand larceny in said State, whereupon the magistrate duly proceeded to examine, under the said warrant, the accusation against the relator, and from said examination it appeared probable to the magistrate that the relator had committed the said crime in the State of New Jersey and was charged in that State with the commission of said crime, and had fled from justice to this State ; therefore, the warden of the city prison was commanded to receive the relator in custody and to detain him for the period of thirty days to enable an arrest of the relator to be made under a warrant of the Governor of this State on the requisition of the executive authority of the State of New Jersey
The return of the city magistrate alleges that he proceeded to examine into the facts and circumstances of the charge under the warrant of arrest, as required by section 830 of the Code of Criminal Procedure, and it appearing probable to the city magistrate from the examination under such warrant that the relator had committed the crime alleged, the city magistrate did commit the relator to the
When the relator was arrested and taken before the city magistrate he was duly examined, but refused to answer any question, and refused to sign his examination.
The relator filed a traverse to this return, whereupon the court dismissed the writ.
I think there was sufficient evidence before the magistrate to justify him in holding the relator. There was evidence that the relator had been charged in the State of New Jersey with the crime of grand larceny. The oath of the complainant was sufficient to justify the magistrate in holding the relator under section 830 of the Code of Criminal Procedure. That section provides that “ if from the examination under such warrant it appears to the satisfaction of the magistrate that the person under arrest is charged in such other State or territory with treason, felony or other crime, and has fled from justice, the magistrate, by warrant reciting the accusation, must commit him to the proper custody in his county for a time specified in the warrant, to enable an arrest of the fugitive to be made under the warrant of the Governor of this State.” The essential facts which must appear to justify the warrant are that the person under arrest has been charged in another State or territory with the commission of a crime, and has fled from justice. The information upon which this warrant was granted is under oath, sworn tc
O’Brien, McLaughlin and Laughlin, JJ., concurred; Patterson, J., concurred in result.
Order affirmed.