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Robichaud v. Brennan

Decided: September 21, 1946.

ARMAND ROBICHAUD, PROSECUTOR,
v.
DANIEL J. BRENNAN, JUDGE OF THE ESSEX COUNTY COURT OF COMMON PLEAS, ET AL., DEFENDANTS



On writ of certiorari.

For the prosecutor, Richard J. Fitzmaurice and John Milton.

For the defendants, C. William Caruso, Jerome B. Litvak and Kim Sigler (of the Michigan bar).

Before Justices Donges, Heher and Colie.

Donges

The opinion of the court was delivered by

DONGES, J. The writ of certiorari in this case was issued to review the action of Judge Brennan, then Judge of the Essex County Court of Common Pleas, in dismissing a writ of habeas corpus allowed to review the detention of Armand Robichaud, prosecutor, and the extradition of said Robichaud to the State of Michigan.

A single question is necessary to determination in this case, namely, whether the procedure adopted by the State of Michigan is adequate, under the law, to require and warrant the Governor of the State of New Jersey to turn the prosecutor over to the demanding state.

Prosecutor argues that the procedure in the instant case does not comply with the requirements of the extradition

statutes of either the federal government or the State of New Jersey. The Constitution of the United States, article IV, section 2, clause 2, provides:

"A person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime."

In 1793 the Congress of the United States enacted (18 U.S.C.A., 284, ยง 662, Criminal Code and Criminal Procedure), as follows:

"Whenever the executive authority of any State or Territory demands any person as a fugitive from justice, of the executive authority of any State or Territory to which such person has fled, and produces a copy of an indictment found or affidavit made before a magistrate of any State or Territory, charging the person demanded with having committed treason, felony, or other crime, * * * it shall be the duty of the executive authority of the State or Territory to which such person has fled to cause him to be arrested and secured * ...


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