Kelly v. Griffin
241 U.S. 6 (1916)

Annotate this Case

U.S. Supreme Court

Kelly v. Griffin, 241 U.S. 6 (1916)

Kelly v. Griffin

No. 777

Argued April 6, 7, 1916

Decided April 17, 1916

241 U.S. 6

Syllabus

That the arrest by state or municipal authorities is illegal does not affect the jurisdiction of a United States Extradition Commissioner.

The omission of a formal act of release of one held under an illegal arrest by state authorities and of a subsequent formal and legal arrest thereafter by a United States Marshal under an extradition warrant held, under the circumstances of this case, not to furnish grounds for release on habeas corpus, it not appearing that a different rule applies in the demanding country.

In this case, held that the complaint charging the person demanded with having committed in Canada perjury, obtaining money under false pretenses, and receiving stolen property, states offenses of perjury and obtaining money by false pretenses within the meaning of the extradition provisions of the treaty with Great Britain both in Canada, where the offenses were committed, and in Illinois, where the person demanded was arrested; but quaere whether it does state an offense of receiving stolen property, which is a crime in both jurisdictions.

Where the complaint properly charges an offense included in the extradition treaty and also charges one that is not included, the court will not release on habeas corpus, but will presume that the demanding country will respect an existing treaty and only try the person surrendered on the offenses on which extradition is allowed.

The facts, which involve the validity of an order for extradition under the treaties with Great Britain, are stated in the opinion.

Page 241 U. S. 11

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