|
|
South Carolina v. Bailey, 289 U.S. 412 (1933)
Contents:
Show Summary
Hide Summary
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.
South Carolina v. Bailey, 289 U.S. 412 (1933)
Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 289 U.S. 395, click here.
South Carolina v. Bailey No. 685 Argued April 21, 1933 Decided May 22, 1933 289 U.S. 412
CERTIORARI TO THE SUPREME COURT OF NORTH CAROLINA
Syllabus
1. The question whether a person arrested for interstate rendition should be delivered to the demanding state or should be released upon the ground that, by clear evidence he has shown his absence from that state when the crime was committed and consequently that he is not a fugitive from justice, is a question of federal right which, when raised in a court of the arresting state, should be decided under Art. IV, § 2, par. 2 of the Constitution and § 5278 R.S., 18 U.S.C. 662, as construed by this Court. P. 419.
2. A person who has been arrested in one state under Constitution, Art. IV, § 2, par. 2, R.S., § 5278, 18 U.S.C. 662, as a fugitive from justice and who seeks discharge by habeas corpus upon the ground that he was not in the demanding state at the time of the alleged crime, has the burden of proving the alibi beyond a reasonable doubt; if the evidence is conflicting, he should not be released. P. 420.
3. The habeas corpus proceeding is in no sense a criminal trial, and if the evidence of alibi is suspicious, the judge may well require the prisoner to submit to examination also and to show what effort has been made to secure the presence of important witnesses. P. 418.
203 N.C. 362, 166 S.E. 165, reversed.
Certiorari to review the affirmance of a judgment of discharge in habeas corpus.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," South Carolina v. Bailey, 289 U.S. 412 (1933) in 289 U.S. 412 289 U.S. 414. Original Sources, accessed November 25, 2024, http://originalsources.com/Document.aspx?DocID=JFPJ912SKW542BW.
MLA: U.S. Supreme Court. "Syllabus." South Carolina v. Bailey, 289 U.S. 412 (1933), in 289 U.S. 412, page 289 U.S. 414. Original Sources. 25 Nov. 2024. http://originalsources.com/Document.aspx?DocID=JFPJ912SKW542BW.
Harvard: U.S. Supreme Court, 'Syllabus' in South Carolina v. Bailey, 289 U.S. 412 (1933). cited in 1933, 289 U.S. 412, pp.289 U.S. 414. Original Sources, retrieved 25 November 2024, from http://originalsources.com/Document.aspx?DocID=JFPJ912SKW542BW.
|