United States Supreme Court Cases & Opinions

U.S. Supreme Court

Bassing v. Cady, 208 U.S. 386 (1908)

Bassing v. Cady

No. 426

Argued January 8, 1908

Decided February 24, 1908

208 U.S. 386

Syllabus

On appeal or writ of error to this Court, papers or documents used in the court below cannot in strictness be examined here unless, by bill of exception or other proper mode, they are made part of the record.

The mere arraignment and pleading to an indictment does not put the accused in judicial jeopardy, nor does the second surrender of the same person by one state to another amount to putting that person in second jeopardy because the requisition of the demanding state is based on an indictment for the same offense for which the accused had been formerly indicted and surrendered, but for which he had never been tried.

One charged with crime and who was in the place where, and at the time when, the crime was committed, and who thereafter leaves the state, no matter for what reason, is a fugitive from justice within the meaning of the interstate rendition provisions of the Constitution and of § 5278, Rev.Stat., and this nonetheless if he leaves the state with the knowledge and without the objection of it authorities.

The facts are stated in the opinion.

Page 208 U. S. 388