FERNANDEZ V. PHILLIPS, 268 U. S. 311 (1925)

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U.S. Supreme Court

Fernandez v. Phillips, 268 U.S. 311 (1925)

Fernandez v. Phillips

No. 60

Argued May 4, 1925

Decided May 25, 1925

268 U.S. 311


1. In extradition proceedings, form is not to be insisted upon beyond the requirements of safety and justice, and the competent evidence establishing reasonable grounds for extradition is not necessarily evidence competent to convict. P. 268 U. S. 312.

2. Habeas corpus cannot be used to rehear the findings of a magistrate in extradition, but only to inquire whether he had jurisdiction, whether the offense is within the treaty, and whether there was any evidence warranting the finding of reasonable ground to believe the accused guilty. P. 268 U. S. 312.

3. Complaint in extradition filed by an Assistant United States Attorney, upon information, held sufficient where it appeared at the hearing that it was ordered by the Attorney General upon request of the Secretary of State based on a request and a record of judicial proceedings from the foreign country. P. 268 U. S. 312.

4. Embezzlement or peculation of public funds by a public officer is a crime in Mexico within the extradition treaty. P. 268 U. S. 313.

5. Warrant in extradition (if required) held good in habeas corpus, over the objection of misnomer of the accused, where the name in the warrant was one of two applied to him in the proceedings and he was identified by the testimony.


Appeal from a judgment of the district court remanding the appellant in a habeas corpus case.


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