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Keywords

extraditionpiracy
extraditionpiracy

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Drew v. Thaw, 235 U.S. 432, 35 S.Ct. 137, 59 L.Ed. 302

Facts

Thaw was held under an extradition warrant issued by the governor of New Hampshire at the request of New York, where he was accused of being a fugitive from justice. He had been committed to a mental hospital after being acquitted of a previous charge on the grounds of insanity. The indictment claimed that while confined, Thaw conspired to escape from the hospital, which was deemed a crime under New York law. The case arose when Thaw sought to challenge his extradition on the basis of his mental state and the validity of the charges against him.

Thaw was held under an extradition warrant issued by the governor of New Hampshire at the request of New York, where he was accused of being a fugitive from justice.

Issue

Whether Thaw was a fugitive from justice and whether the indictment against him was sufficient to warrant extradition.

Whether Thaw was a fugitive from justice and whether the indictment against him was sufficient to warrant extradition.

Rule

For extradition purposes, a person is considered a fugitive from justice if there is a valid indictment charging them with a crime, regardless of the motives for their departure from the state.

For extradition purposes, a person is considered a fugitive from justice if there is a valid indictment charging them with a crime, regardless of the motives for their departure from the state.

Analysis

The court applied the rule by determining that the indictment against Thaw, which charged him with conspiracy to escape from a mental institution, constituted a valid crime under New York law. The court noted that the question of Thaw's sanity at the time of the alleged crime was not relevant to the extradition proceedings, as the Constitution mandates the surrender of individuals charged with a crime upon proper demand.

The court applied the rule by determining that the indictment against Thaw, which charged him with conspiracy to escape from a mental institution, constituted a valid crime under New York law.

Conclusion

The court reversed the lower court's order and ruled that Thaw should be extradited to New York to face the charges against him.

Final order reversed.

Who won?

The State of New York prevailed in the case because the court found that Thaw was a fugitive from justice based on the valid indictment against him.

The State of New York prevailed in the case because the court found that Thaw was a fugitive from justice based on the valid indictment against him.

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