In Re Lonardo

This is an original habeas corpus proceeding’. Petitioner is held in custody by the chief of police of the city and county of San Francisco and two police agents from the state of Ohio under a warrant of rendition and extradition executed by the Governor of the state of California. This warrant was issued upon the request and affidavit of the prosecuting attorney of Cuyahoga County, Ohio, accompanied by a certified copy of an indictment from the state of Ohio charging petitioner with having committed a certain murder in that state on or about December 31, 1920. The affidavit, besides merely formal matters, included the bare statement that the person charged by said indictment with the crime of murder “is a fugitive.from justice.”

The petitioner alleges that he is not a fugitive from the justice of the state of Ohio on said charge of murder and that he was not in the state of Ohio at any time during the thirty-first day of December, 1920, nor for a period of more than one month prior nor more than one month thereafter, but was at all such times within the state of California. He presents affidavits of ten residents of San Francisco to the effect that he was in San Francisco at the…