111 F.2d 409 | 3rd Cir. | 1940
This is an appeal, from an order of the District Court for the Eastern District of Pennsylvania dismissing a writ of habeas corpus. The relator was indicted in Cali'fornia oh September 6, 1935, for perjury under Section 118 of the Penal Code of that state
On November 3, 1939, the relator petitioned the district court for a writ of habe-as corpus. The petition averred that the relator possessed all the qualifications necessary under the Constitution and laws of California to register and vote; that the statements even if false were immaterial and, therefore, not the subject of perjury; that the indictment and accompanying papers were fundamentally defective and did not substantially charge him with the commission of the crime of perjury; that prejudice existed against him because of his political beliefs and activities; that the prosecution and requisition were begun to punish him for his views and áctivities; that he was not subject to extradition under
The right of the State of California to demand the rendition of the relator from the State of Pennsylvania is found in Article IV, Section 2, clause 2 of the Constitution of the United States.
Here, as in Pierce v. Creecy, 210 U.S. 387, 401, 28 S.Ct. 714, 718, 52 L.Ed. 1113, “the only condition which it is insisted is absent is the charge of a crime”. The issue in the present case is a narrow one, for the determination of whether the relat- or is charged with a crime is entirely dependent upon whether the facts to which the relator took oath were material within the meaning of the California perjury statute previously quoted. We may accept the relator’s argument that since under the law of California he was entitled to adopt and use any name without legal proceedings,
It may be that, insofar as the relator’s right to vote is concerned, the outcome would have been the same had he told the truth. As to that right his misstatement as to his place of birth was perhaps immaterial inasmuch as he did possess the qualifications of a voter in California.
We conclude that the indictment substantially charged the crime of perjury within the meaning of the California perjury statute. It may be that in the California courts the relator may successfully attack the sufficiency of the pleadings or prevail upon a trial on the evidence. The duty of the court reviewing the status of the case upon habeas corpus is quite restricted. Mr. Justice Holmes, in Drew v. Thaw, 235 U.S. 432, 440, 35 S.Ct. 137, 139, 59 L.Ed. 302, said: “When, as here, the identity of the person, the fact that he is a fugitive from justice, the demand in due form, the indictment by a grand jury for what it and the governor of New York allege to be a crime in that state, and the reasonable possibility that it may be such, all appear, the constitutionally required surrender is not to be interfered with by the summary process of habeas corpus upon speculations as to what ought to be the result of a trial in the place where the Constitution provides for its taking place.” This statement epitomizes our conclusion in the present case and indicates why it is impossible for us to consider the relator’s contention that his prosecution in California is pressed to punish him for his political views and activities rather than for the crime averred in the indictment. We may not inquire into the motive of the prosecution
The order is affirmed.
28 U.S.C.A.Supp. § 463.
“A person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up to be removed to the State having Jurisdiction of the Crime.”
Sec. 5278, Rev.Stat., 18 U.S.C.A. § 662: “Whenever the executive authority of any State or Territory demands any person as a fugitive from justice, of the executive authority of any State or Territory to which such person has fled, and produces a copy of an indictment found or an affidavit made before a magistrate of any State or Territory, charging the person demanded with having committed treason, felony, or other crime, certified as authentic by the governor or chief magistrate of the State or Territory from whence the person so charged has fled, it shall be the duty of the executive authority of the State or Territory to which such person has fled to cause him to be arrested and secured, and to cause notice of the arrest to be given to the executive authority making such demand, or to the agent of such authority appointed to receive the fugitive, and to cause the fugitive to be delivered to such agent when he shall appear. * * * ”
Roberts v. Reilly, 116 U.S. 80, 6 S.Ct. 291, 29 L.Ed. 544; Munsey v. Clough, 196 U.S. 364, 25 S.Ct. 282, 49 L.Ed. 515.
Roberts v. Reilly, supra; Drew v. Thaw, 235 U.S. 432, 35 S.Ct. 137, 59 L.Ed. 302; Biddinger v. Commissioner of Police, 245 U.S. 128, 38 S.Ct. 41, 62 L.Ed. 193; Hogan v. O’Neill, 255 U.S. 52, 41 S.Ct 222, 65 L.Ed. 497.
Ray v. American Photo Player Co., 46 Cal.App. 311, 189 P. 130; Emery v. Kipp, 154 Cal. 83, 97 P. 17, 19 L.R.A.,N.S., 983, 129 Am.St.Rep. 141, 16 A Cas. 792.
See Huston v. Anderson, 320, 78 P. 626.
People ex rel. Carr v. Murray, 357 Ill. 326, 192 N.E. 198, 94 A.L.R. 1487; Commonwealth v. Superintendent of County Prison, 220 Pa. 401, 69 A. 916, 21 L.R.A.,N.S., 939.