MUNSEY V. CLOUGH, 196 U. S. 364 (1905)

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U.S. Supreme Court

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

Munsey v. Clough

No. 126

Argued January 13, 1905

Decided January 30, 1905

196 U.S. 364


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.

Page 196 U. S. 368

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