United States Reports (Volume 241); Cases Adjudged in the Supreme Court at and Rules Announced at

Book may have numerous typos, missing text, images, or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1916. Not illustrated. Excerpt: ... EXTRADITION--Continued. Page arrest by state authorities held to furnish no ground for release on habeas corpus of one in custody of United States Marshal under extradition warrant. Kelly v. Griffin 6 A complaint charging person demanded with having com- mitted in Canada perjury, obtaining money under false pre- tenses and receiving stolen property, states the first two of- fenses within meaning of treaty with Great Britain both in Canada where offenses committed and in Illinois where per- son demanded was arrested; but qucere as to latter offense. Id. Where complaint properly charges offense included in treaty and also charges one not included, court will not re- lease on habeas corpus party demanded, presumption being that demanding country will respect treaty and try only for offense on which extradition allowed. Id. Court will not presume that demanding government will suffer person surrendered to be tried for any offense other than that for which surrendered. Bingham v. Bradley .... 511 FACTS: Where certiorari granted to review question of law, assump- tion that lower courts right where they agreed upon con- struction of facts. Pacific Mail S. S. Co. v. Schmidt.. .. .-. 245 Where, on appeal from Court of Claims, findings of fact not sufficiently definite, the court, without expressing any opin- ion and reserving all questions of law, remands case for more particular findings on testimony already taken or, in dis- cretion of court, on further testimony. United States v. Archer 119 A special finding supported by adequate evidence is con- trolling. Russo-Chinese Bank v. National Bank of Commerce 403 FALSE PERSONATION: Section 32, Penal Code, prohibits and punishes the false assuming, with intent to defraud, to be an officer or em- ployee of the United States; and ...