In Re Thurber

Petitioner, who is in custody under a warrant issued by the chief executive of this state on a requisition made by the Governor of Illinois, seeks his discharge therefrom upon the grounds: First, that he is not a fugitive from justice; and, second, alleged insufficiency of the information which charges him with the crime of abandoning his wife and minor child, who were in destitute circumstances, without providing them with means of support.

In our opinion, there is no merit in either point. The first contention is supported by affidavits which, in effect, tend to show that, prior to his leaving the state of Illinois, petitioner had made provision for the support of his wife and child, from which facts, if true, petitioner argues that he is innocent of the offense charged against him, and, therefore, could not be a fugitive from the justice of the demanding state. The expression “fugitive from justice,” ■as used in the Revised Statutes, section 5278, [3 Fed. Stats. Ann., 2d ed. p. 285; U. S. Comp. Stats. 1916, sec. 10,126], regulating the extradition of fugitives from justice, has refer-' ence to a person, who, having within the state committed that which by its law constitutes a…