Glass

The appellant, a negro, is held in custody under a warrant of rendition issued by the Governor of California upon a requisition from the Governor of Oklahoma. Sustaining a demurrer to his petition for a writ. of habeas corpus, the court, below dismissed the proceeding, and he appeals.

If we resort to statements made by both sides in the course of the argument, it would seem that in a tumult of some character occurring in the town of Sapulpa, Okl., on the night of January 2,1923, two persons were killed; one being an officer named Brumley. Appellant was wounded, and the building in which he was conducting business was burned. Fearing mob violence, so he contends, he fled from Oklahoma and came to Oakland, Cal., where he was residing at the time of his arrest. The charge upon which his extradition is sought is that he feloniously killed Brumley.

There is rio merit in the contention that, because be fled out of fear of mob violence, he is 'not a fugitive from justice in contemplation of law. Motive is not material, and the essential facts that he was in Sapulpa when the alleged offense was committed, and in California when wanted for prosecution, are conceded. Hogan v. O’Neill, 255…