91 N.Y.S. 760 | N.Y. App. Div. | 1905
The relator, John A. Hamilton, was arrested and taken into custody by the police commissioner of the city of Hew York on the 29th day of April, 1904, by virtue of a rendition warrant issued by the Governor of the State of Hew York' upon a requisition from the Governor, of the State of Pennsylvania! Upon the day of the relator’s arrest he sued out a writ of habeas corpus and was brought before the court. The police commissioner duly made return to the writ, setting forth the executive warrant as his authority for the detention. To this return the relator tiled a traverse, to which were annexed copies of the requisition of the Governor of Pennsylvania and the papers accompanying the same, upon which the rendition, warrant had been issued. Several defects were claimed by the relator to exist in the proceedings, among which was the one- now ■ relied upon ; that the indictment accompanying the requisition did not charge the relator with any crime. The learned court below held "that the indictment was insufficient, and made an order, direct- > * l ' ing that the writ be sustained and the relator be discharged, from custody. From this order the People have appealed.
These views lead to tlie conclusion that the order should be reversed and the relator remanded to the custody of the police ■commissioner, to be delivered up in accordance with the command ■of the rendition warrant.
Van Brunt, P. J., O’Brien, Ingraham and McLaughlin, JJ., ■concurred.
Order reverséd and relator remanded.