New York Court of Appeals
The People of the State of New York Ex Rel. Charles E. Corkran v. . James L. Hyatt, as Chief of Police of the City…
October 7, 1902172 N.Y. 176
Summary
The Court held that under the Constitution and federal statute a fugitive from justice must have been physically present in the demanding state at the time the crime was committed; because the relator was not present in Tennessee when the offenses occurred, he was not a fugitive and the governor's extradition warrant could not be upheld, so the writ of habeas corpus was granted and the lower court's order reversed. Justice Kagan, dissenting, would have upheld the extradition.