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McNamara v. Henkel, 226 U.S. 520 (1913)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
McNamara v. Henkel, 226 U.S. 520 (1913)
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McNamara v. Henkel No. 687 Argued December 4, 1912 Decided January 6, 1913 226 U.S. 520
APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES
FOR THE SOUTHERN DISTRICT OF NEW YORK
Syllabus
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.
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Chicago: U.S. Supreme Court, "Syllabus," McNamara v. Henkel, 226 U.S. 520 (1913) in 226 U.S. 520 226 U.S. 521–226 U.S. 523. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=A9E581VU9MJ2UGW.
MLA: U.S. Supreme Court. "Syllabus." McNamara v. Henkel, 226 U.S. 520 (1913), in 226 U.S. 520, pp. 226 U.S. 521–226 U.S. 523. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=A9E581VU9MJ2UGW.
Harvard: U.S. Supreme Court, 'Syllabus' in McNamara v. Henkel, 226 U.S. 520 (1913). cited in 1913, 226 U.S. 520, pp.226 U.S. 521–226 U.S. 523. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=A9E581VU9MJ2UGW.
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