Matter of Application of Shoemaker

The petitioner is held in custody and restrained of his liberty, at the city of Sacramento, by one Charles TI. Harrington, agent of the state of Illinois, under the alleged authority of an executive warrant issued by the governor of the state of California on a requisition from the governor of said state of Illinois, authorizing the removal of the petitioner to the latter state to answer to an alleged indictment purporting to charge him with the crimes of conspiracy, larceny, and receiving stolen goods, alleged to have been committed in the city of Chicago, said state of Illinois, on the eighth day of June, 1912.

It is claimed that the petitioner is so restrained of his liberty illegally, and his release from such restraint is asked through this proceeding on habeas corpus on the following grounds:

Our conclusion is that the petitioner must be ordered discharged from his present restraint on the ground that the record before us clearly discloses that he was not in the state of Illinois at the time of the alleged commission of the crimes charged in the indictment. It will, therefore, be unnecessary to consider the point involving the challenge of the sufficiency of the…