Munsey v. Clough, 196 U.S. 364 (1905)

Name: Munsey v. Clough, 196 U.S. 364 (1905) - Syllabus
Author: U.S. Supreme Court

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Munsey v. Clough

No. 126

Argued January 13, 1905
Decided January 30, 1905
196 U.S. 364

ERROR TO THE SUPREME COURT

OF THE STATE OF NEW HAMPSHIRE

Syllabus

Proceedings in interstate rendition are summary; strict common law evidence is not necessary, and the person demanded has no constitutional right to a hearing. The governor’s warrant for removal is sufficient until the presumption of its legality is overthrown by contrary proof in a legal proceeding to review his action.

The indictment found in the demanding state will not be presumed to be void on habeas corpus proceedings in the state in which the demand is made if it substantially charges an offense for which the person demanded may be returned for trial.

Where there is no doubt that the person demanded was not in the demanding state when the crime was committed, and the demand is made on the ground of constructive presence only, he will be discharged on habeas corpus, but he will not be discharged when there is merely contradictory evidence as to his presence or absence, for habeas corpus is not the proper proceeding to try the question of alibi or any question as to the guilt or innocence of the accused.

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Chicago: U.S. Supreme Court, "Syllabus," Munsey v. Clough, 196 U.S. 364 (1905) in 196 U.S. 364 196 U.S. 368. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=LDIACDHD34ZFB3D.

MLA: U.S. Supreme Court. "Syllabus." Munsey v. Clough, 196 U.S. 364 (1905), in 196 U.S. 364, page 196 U.S. 368. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=LDIACDHD34ZFB3D.

Harvard: U.S. Supreme Court, 'Syllabus' in Munsey v. Clough, 196 U.S. 364 (1905). cited in 1905, 196 U.S. 364, pp.196 U.S. 368. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=LDIACDHD34ZFB3D.

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