A Treatise on Criminal Procedure, Volume 1

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Bender-Moss Company, 1918 - Criminal procedure - 2960 pages
 

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Page 120 - ... upon such evidence of criminality as according to the laws of the place where the fugitive or person so charged shall be found, would justify his apprehension and commitment for trial, if the crime or offence had there been committed...
Page 99 - ... notice of the arrest to be given to the executive authority making such demand or to the agent of such authority appointed to receive the fugitive and to cause the fugitive to be delivered to such agent when he shall appear.
Page 99 - Justice of the executive authority of any state or territory to which such person has fled, and produces a copy of an indictment found, or an affidavit made, before a magistrate of any state or territory, charging the person demanded with having committed treason, felony, or other crime...
Page 159 - And upon all arrests in criminal cases, bail shall be admitted, except where the punishment may be death, in which cases it shall not be admitted, but by the Supreme or a Circuit Court, or by a justice of the Supreme Court, or a judge of a District Court, who shall exercise their discretion therein, regarding the nature and circumstances of the offense, and of the evidence and the usages of law.
Page 312 - But to this general rule there is the qualification, fundamental In the law of criminal procedure, that the accused must be apprised by the indictment with reasonable certainty of the nature of the accusation against him, to the end that he may prepare his defense, and plead the judgment as a bar to any subsequent prosecution for the same offense. An indictment not so framed is defective, although it may follow the language of the statute.
Page 257 - the indictment must contain: (1) the title of the prosecution, specifying the name of the court, in which the indictment is presented, and the names of the parties; (2) a statement of the acts constituting the offense, in ordinary and concise language, and in such a manner as to enable a person of common understanding to know what is intended...
Page 148 - When bail is given, the principal is regarded as delivered to the custody of his sureties. Their dominion is a continuance of the original imprisonment. Whenever they choose to do so, they may seize him and deliver him up in their discharge ; and if that cannot be done at once, they may imprison him until it can be done. They may exercise their rights in person or by agent. They may pursue him into another State ; may arrest him on the Sabbath ; and, if necessary, may break and enter his house for...
Page 98 - A Person charged in any State with Treason, Felony, or other Crime, who shall flee from...
Page 119 - ... to a foreign state unless provision is made by the law of that state, or by arrangement, that the fugitive criminal shall not, until he has been restored or had an opportunity of returning to her Majesty's dominions, be detained or tried in that foreign state for any offence committed prior to his surrender, other than the extradition crime proved by the facts on which the surrender is grounded.
Page 130 - ... properly and legally authenticated so as to entitle them to be received for similar purposes by the tribunals of the foreign country from which the accused party shall have escaped, and...

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