Bagley

Bagley v. Starwich

Good Law
8 F.2d 42·1925 U.S. App. LEXIS 3236
United States Court of Appeals for the Ninth CircuitOctober 12, 1925No. 4594California575 words

Opinion

Lead Opinion

Mecamant, J.

A warrant was issued in the county of Victoria, British Columbia, for the arrest of appellant on a charge of bank robbery. On the 9th of January, 1925, Bert C. Ross swore to a complaint before Mitchell Gilliam^ one of the superior judges of King county, Wash., charging that appellant had fled from British Columbia and was then in King county, Wash. Appellant was arrested on a warrant based on this complaint. A hearing was had before Judge Gilliam on the 12th and 13th of January, at which appellant was represented by counsel. Judge Gilliam ordered appellant held in the custody of appellee until delivered up on requisition of the proper authorities of British Columbia in accordance with the Extraditiop Treaty between the United States and Great Britain ( 26 Stat. 1508 ). Appellant thereupon filed a petition for habeas corpus in the District Court of the United States for the Western District of Washington, Northern Division. He attached to his petition a copy of the proceedings had before Judge Gilliam. When appellee had answered, the District Court dismissed the writ and remanded appellant.

The offense with which appellant is charged is extraditable under our treaty with Great…

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