Melville Fuller

“ It is intimated, if not stated directly, that the relator would have the right to show by proper evidence that the indictment in substance was not sufficient under the laws of the demanding state. Our position upon this question is that if it reasonably appears upon the trial of the habeas corpus that the relator is charged by indictment in the demanding state, whether the indictment be sufficient or not under the law of that state, the court trying the habeas corpus case will not discharge the relator because of substantial defects in the indictment under the laws of the demanding state. ”

“ George A. Pearce was arrested in the state of Texas on an executive warrant issued by the governor of that state, upon the requisition of the governor of the state of Alabama, to be delivered up to the state of Alabama, to answer two indictments against him in the city court of Mobile, Ala., each charging him with embezzlement and grand larceny ”

“ Relator further showed that he had been a citizen of Texas for more than three years, and that his whereabouts were known to interested parties in Alabama, this proof being made under the statute of limitations, presumably of Texas, as it did not appear how long the offenses were committed prior to the February term, 1889, of the Mobile city court, at which term the indictments were found, nor what was the statute of limitations in Alabama, if any, for embezzlement and theft. ”