U.S. Supreme Court
South Carolina v. Bailey, 289 U.S. 412 (1933)
South Carolina v. Bailey
Argued April 21, 1933
Decided May 22, 1933
289 U.S. 412
1. The question whether a person arrested for interstate rendition should be delivered to the demanding state or should be released upon the ground that, by clear evidence he has shown his absence from that state when the crime was committed and consequently that he is not a fugitive from justice, is a question of federal right which, when raised in a court of the arresting state, should be decided under Art. IV, § 2, par. 2 of the Constitution and § 5278 R.S., 18 U.S.C. 662, as construed by this Court. P. 289 U. S. 419.
2. A person who has been arrested in one state under Constitution, Art. IV, § 2, par. 2, R.S., § 5278, 18 U.S.C. 662, as a fugitive from justice and who seeks discharge by habeas corpus upon the ground that he was not in the demanding state at the time of the alleged crime, has the burden of proving the alibi beyond a reasonable doubt; if the evidence is conflicting, he should not be released. P. 289 U. S. 420.
3. The habeas corpus proceeding is in no sense a criminal trial, and if the evidence of alibi is suspicious, the judge may well require the prisoner to submit to examination also and to show what effort has been made to secure the presence of important witnesses. P. 289 U. S. 418.
203 N.C. 362, 166 S.E. 165, reversed.
Certiorari to review the affirmance of a judgment of discharge in habeas corpus. chanroblesvirtualawlibrary