Louis Brandeis

“ Collins contended that commitment on the new affidavits, after discharge in proceeding based on others identical in form and substance, was a violation of the Fifth Amendment and of the Treaty with Great Britain. The constitutional provision against double jeopardy can have no application unless a prisoner has, theretofore, been placed on trial. See Kepner v. United States, 1 5 U.S. 100, 126, 24 Sup. Ct. 797, 49 L. Ed. 114, 1 Ann. Cas. 655. The preliminary examination of one arrested on suspicion of a crime is not a trial ”

“ This is the third appeal by Collins in habeas corpus proceedings instituted to prevent his extradition to British India. After the decision in Collins v. Miller, 252 U.S. 364, 40 Sup. Ct. 347, 64 L. Ed. 616, the District Court dismissed the application for habeas corpus so far as the commitment was based on the charge of obtaining property by false pretenses from Mahomed Alli Zaimel Ali Raza, and remanded Collins to the custody of Loisel, the marshal. ”

“ Likewise it has been consistently held under the treaties with Great Britain and other countries, that a fugitive from justice may be arrested in extradition proceedings a second time upon a new complaint charging the same crime, where he was discharged by the magistrate on the first complaint or the complaint was withdrawn. ”