McNamara v. Henkel,
Annotate this Case
226 U.S. 520 (1913)
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U.S. Supreme Court
McNamara v. Henkel, 226 U.S. 520 (1913)
McNamara v. Henkel
Argued December 4, 1912
Decided January 6, 1913
226 U.S. 520
Under § 5270, Rev.Stat., if the committing magistrate has jurisdiction and the offense charged is within the treaty and there is legal evidence
on which to exercise his judgment as to sufficiency of the facts to establish criminality for purpose of extradition, the decision of the magistrate cannot be reviewed on habeas corpus.
In this case, there was competent evidence that the crime of burglary as defined by the law of the state where accused was arrested had been committed, and extradition was properly granted under the treaties with Great Britain of 1842 and 1889.
Possession of the article stolen may tend to show guilty participation in the burglary, and so held in this case as to possession of an automobile.
Evidence should, if unexplained, be accorded its natural probative force.
Habeas corpus does not operate as a writ of error, and mere errors are not subject to review, and so held as to an objection that depositions used in an extradition case were not properly certified.
The facts, which involve the legality of an order of commitment for extradition, are stated in the opinion.