66 Minn. 291 | Minn. | 1896
This is an appeal by the relator under the provisions of Laws 1895, c. 327, in habeas corpus proceedings instituted by him, he having been arrested and held under a warrant issued by the
In behalf of the relator it is urged that the affidavit is not properly or sufficiently authenticated, but there is no ground for such contention. All of the papers attached to the requisition, the affidavit being one, are duly certified to and authenticated by the governor o'f the state of Illinois, and the statute before referred to requires nothing-further.
It is also claimed, as a reason why the requisition should not be honored, that in neither complaint nor affidavit is the commission of any criminal offense charged. Taking the latter as the document upon which to rely, it becomes unnecessary again to mention the former. The crime charged in the affidavit, if any, is that the relator, by means of certain specified false representations and pretenses, and by means of a check drawn and signed by him upon the Lewiston National Bank at Lewiston, in the state of Illinois, obtained from the affiant “$50 worth of personal property and other valuable things, and did then and there cheat and defraud this affiant out of the said property.” The point made against this affidavit is that it fails to describe the property alleged to have been obtained by means of the false pretenses, and for that reason the commission of a crime in the state of Illinois is not charged.
In State v. O’Connor, 38 Minn. 243, 36 N. W. 462, the question now before us was considered and disposed of in interstate extradition proceedings, in which the crime alleged in the indictment, made a part of the requisition papers, was of the same general character as that set forth in the affidavit we are now considering. The point was made in habeas corpus, as it is here, that the property secured by the accused by means of fraudulent pretenses was not described with sufficient definiteness. When considering this contention in the O’Connor case, this court conceded that, if the indictment was objected to in time, it was not sufficiently specific in respect to a descrip
We are of the opinion that the affidavit in question, although an indictment framed in the same words might have been defective as a pleading, substantially charged the commission of a crime against the laws of the state of Illinois.
The order appealed from is affirmed, and the stay of proceedings terminated.