78 Cal. 345 | Cal. | 1889
The defendant was convicted of the crime of forgery, anA has appealed from the judgment rendered, and from an order denying his motion for a new trial.
After the cause had reached this court upon appeal, the defendant filed a petition, under section 1174 of the Penal Code, to have certain bills of exception settled, which he claimed had been refused to be allowed by the judge of the court below.
Passing the question as to whether the proceedings instituted by the defendant, as to proper notice to the parties concerned, are in accordance with the rules usual in the appellate court as to such a matter, it is evident that the defendant has not shown such a refusal on the part of the judge below to settle and allow the bills as brings the matter within the section of the Penal Code, supra. His petition should therefore be denied.
Conceding, without deciding, that the special plea to the jurisdiction of the court can be considered now, as also the action of that tribunal in overruling and in refusing to hear evidence to establish it, it appears to us that the court was not in error.
The facts set up in the plea, and the evidence offered, are to the effect that the defendant was living in Japan, as he was entitled to do, as a citizen of the United States, under a treaty existing between these two governments, when “without any charges having been entered against him, or any legal examination had as is provided by the laws of Japan or the laws of the United States, he was by force of arms, and against his will, brought thence into the city and county of San Francisco, in this state, where he has since been by force of arms detained, and so continues to be.”
It is then charged that the governor of California, with knowledge of such refusal, and acting as such governor, made a formal request on the Japanese government for the delivery up of the defendant to a police officer of the city and county of San Francisco, that solely in compliance with that request the-defendant was against his will forcibly delivered to the police officer, and was brought by him to said city and county.
The defendant protested against all these acts, con-, tending that as a citizen of the United States he had a right to reside where he then was under its treaty with Japan. He also objected because, as he alleged, the governor of California, in his action, had violated the constitution of the United States in making the request which he did of the Japanese government.
The governor of California could not make any treaty with Japan, and seems merely to have made a request that a party charged with a criminal offense, of which the courts of the state had jurisdiction, might be delivered to a police officer of San Francisco, and returned, to be tried for his alleged crime, to the state whose laws he was asserted to have violated.
If, as the defendant claims, the governor had no legal
“The jurisdiction of the court in which the individual is found is not impaired by the manner in which the accused is brought before it.” (Mahon v. Justice, 127 U. S. 708, and cases cited.)
“It would indeed be a strange conclusion if a party charged with a criminal offense could be excused from answering the government whose laws he had violated, because other parties had done violence to him, and also committed an offense against the laws of another state.” (Mahon v. Justice, 127 U. S. 712; Ex parte Ah Men, 77 Cal. 198.)
The governor of the state cannot oust the courts of the commonwealth of their right to try an individual charged with an offense over which they have jurisdiction, because of the fact that he has been instrumental in having the defendant there, by violation of his personal rights. It will not do to say that a fugitive from justice can escape the punishment for his crime because the governor of a state may have violated some law.
The argument of the defendant, to the effect that the state is bound in law and good morals to have this defendant released, and that her courts should so hold, strikes us as being without force. The governor, evidently actuated by the motive that one charged with a high crime should have meted out to him just punishment, may have taken steps to bring him before the bar of a court of justice having jurisdiction of his offense which are not warranted by law, but that is a matter personal to the governor, with which neither the commonwealth nor the courts have any concern.
This is not the case of a defendant who has been extradited for an offense under a treaty existing between the United States government and some foreign power, where it is attempted to try him for some other offense for which he has not been extradited.
The affidavits of the jurors which were procured to be taken by the defendant for use on his motion to obtain a new trial are not entitled to any consideration, as they went to the impeachment of their verdict. (People v. Gray, 61 Cal. 183; 44 Am. Rep. 549.)
On the whole case, presented as it has been upon both’ sides fully and ably, we perceive no prejudicial error, and advise that the judgment and order be affirmed.
Belcher, C. C., and IIayne, C., concurred.
—For the reasons given in the foregoing opinion, the judgment and order are affirmed.