Fugitive From Justice Defined.

To be a fugitive from jus- tice within the meaning of this clause, it is necessary that, in the regular course of judicial proceedings, one have been charged with a crime, but it is not necessary that one have left the state after having been charged. It is sufficient that, having been charged with a crime in one state, one is found in another state.236 And the motive that induced the departure is immaterial.237 Even if a fugitive were brought involuntarily into the state where found by requisition from another state, he may be surrendered to a third state upon an extradition warrant.238 A person indicted a second time for the same offense is nonetheless a fugitive from justice by reason of the fact that after dismissal of the first indictment, on which he was originally indicted, he left the state with the knowledge of, or without objection by, state authorities.239 But a defendant cannot be extradited if he was only constructively present in the demanding state at the time of the commission of the crime charged.240 For the purpose of determining who is a fugitive from justice, the words “treason, felony or other crime” embrace every act forbidden and made punishable by a law of a state,241 including misdemeanors.242

Footnotes

236
Roberts v. Reilly, 116 U.S. 80, 95 (1885). See also Strassheim v. Daily, 221 U.S. 280 (1911); Appleyard v. Massachusetts, 203 U.S. 222 (1906); Ex parte Reggel, 114 U.S. 642, 650 (1885). [Back to text]
237
Drew v. Thaw, 235 U.S. 432, 439 (1914). [Back to text]
238
Innes v. Tobin, 240 U.S. 127 (1916). [Back to text]
239
Bassing v. Cady, 208 U.S. 386 (1908). [Back to text]
240
Hyatt v. People ex rel. Corkran, 188 U.S. 691 (1903). [Back to text]
241
Kentucky v. Dennison, 65 U.S. (24 How.) 66, 103 (1861). [Back to text]
242
Taylor v. Taintor, 83 U.S. (16 Wall.) 366, 375 (1873). [Back to text]