Mahlon Pitney

“ The suggestion that there is neither allegation nor proof of an overt act done by appellant in Massachusetts pursuant to the alleged conspiracy is without weight. By the law of Massachusetts, as by the common law, a conspiracy to commit a crime is itself a criminal offense, although no overt act be done in pursuance of it ”

“ Upon the hearing before the District Court on return of the habeas corpus, it appeared that a demand for appellant's apprehension and extradition to Massachusetts had been made by the Governor of that commonwealth upon the Governor of New Jersey, accompanied with a copy of an indictment found by the grand jury of Suffolk county, certified as authentic by the Governor of Massachusetts, and an affidavit to the effect that appellant was in the commonwealth for some time previous to and at the time of the commission of the alleged crime, and afterwards fled therefrom. ”

“ To be regarded as a fugitive from justice it is not necessary that one shall have left the state in which the crime is alleged to have been committed for the very purpose of avoiding prosecution, but simply that, having committed there an act which by the law of the state constitutes a crime, he afterwards has departed from its jurisdiction and when sought to be prosecuted is found within the territory of another state. ”