In re Luis Oteize y Cortes,
136 U.S. 330 (1890)

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U.S. Supreme Court

In re Luis Oteize y Cortes, 136 U.S. 330 (1890)

In re Luis Oteize y Cortes

No. 1631

Argued May 20, 1890

Decided May 23, 1890

136 U.S. 330


A writ of habeas corpus in a case of extradition cannot perform the office of a writ of error.

If the commissioner has jurisdiction of the subject matter and of the person of the accused, and the offense charted is within the terms of a treaty of extradition, and the commissioner, in arriving at a decision to hold the accused, has before him competent legal evidence on which to exercise his judgment as to whether the facts are sufficient to establish the criminality of the accused for the purposes of extradition, such decision of the commissioner cannot be reviewed by a circuit court or by this Court on habeas corpus either originally or by appeal.

In § 5 of the Act of August 3, 1882, c. 378, 22 Stat. 216, the words "for similar purposes" mean "as evidence of criminality," and depositions, or other papers, or copies thereof, authenticated and certified in the manner prescribed in § 5, are not admissible in evidence on the hearing before the commissioner on the part of the accused.

Petition for a writ of habeas corpus. The Writ Was denied, from which judgment the petitioner took this appeal. The case is stated in the opinion.

Page 136 U. S. 331

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