Cutting v. Geer
Cutting v. Geer
Opinion of the Court
delivered the opinion of the Court.
In October 1951 an indictment was returned against Audrey I. Cutting by a grand jury in the U. S. District Court, Third Division of the Territory of Alaska, charging her with a felony, to wit: Embezzlement by bailee.
Petitioner has filed a document in this court entitled “Brief of Plaintiff in Error” which consists mainly of extraneous and immaterial matter, not pertinent to the inquiry presented, i.e. “Have the pertinent statutes relating to extradition been complied with?” Notwithstanding such “brief” does not comply with our rules, or present any matters challenging the court’s attention, we have carefully reviewed the entire record and the law applicable thereto and have failed to discover any prejudicial error therein.
Art. IV. Section 2 (2) of the U. S. Constitution provides: “A person charged in the state with treason, felony or other crime, who shall flee from justice, and be found in another state, shall, on demand of the execu
Extradition to or from territories has been upheld under the federal statute, even though the U. S. Constitution is silent as to extradition to or from territories. New York v. Bingham, 211 U. S. 468; United States v. Wright, D. C. Hawaii, 15 F.R.D. 184; Herzog v. Colpoys, 143 Fed. 2d 137; Maktos v. Matthews, 194 Fed. 2d 354.
The U. S. Constitution guarantees no right of asylum to a person who has committed a crime in one state or territory of the United States and fled to another jurisdiction.
From the record before us it appears that plaintiff in error is a fugutive from justice, having been charged with a felony in the Territory of Alaska, from whence she migrated to the state of Colorado where she was apprehended. See Wigchert v. Lockhart, 114 Colo. 485, 166 P. (2d) 988.
The judgment of the trial court is affirmed.
Mr. Chief Justice Moore, Mr. Justice Sutton and Mr. Justice Day concur.
Reference
- Full Case Name
- Audrey I. Cutting v. Edward O. Geer
- Status
- Published