In re Cotton
In re Cotton
Opinion of the Court
The petitioner seems to have been convicted of crime in the courts of Georgia. Thereafter ho was found in this state, and the authorities of the State of Georgia instituted extradition proceedings to the end that he be returned to that state to serve his sentence. He seems to have been arrested accordingly and obtained from Mr. Justice Perskie a writ of habeas corpus with a view of setting aside such arrest. On the hearing before the said justice it transpired that the proceedings for extradition were entirely regular, but it was claimed that there was legal irregularity in the trial and conviction of the applicant in the State of Georgia. Mr. Justice Perskie ruled that the only proper inquiry in this state was the regularity of the extradition proceedings and that the courts of this state would not rule on the question of the regularity of the proceedings resulting in the conviction. Application is now made for a writ of certiorari to review the decision of Mr. Justice Perskie.
A similar case, In re Powell, was decided less than two months ago by a justice of this court in an opinion filed hv him, which reads in part as follows: “The only question raised on this application is the property of prosecutor’s conviction and its affirmance in the courts of Georgia. If is
Por the reasons stated in the memorandum in the Powell ease, the present application is denied.
Reference
- Full Case Name
- IN THE MATTER OF THE APPLICATION OF JAY GOULD COTTON FOR A WRIT OF HABEAS CORPUS
- Status
- Published