Stanley Matthews

“ To be a fugitive from justice, in the sense of the act of congress regulating the subject under consideration, it is not necessary that the party charged should have left the state in which the crime is alleged to have been committed, after an indictment found, or for the purpose of avoiding a prosecution anticipated or begun, but simply that, having within a state committed that which by its laws constitutes a crime, when he is sought to be subjected to its criminal process to answer for his offense, he has left its jurisdiction, and is found within the territory of another. ”

“ The averment in the indictment is the allegation of a fact which does not seem to be impossible in law, and is therefore traversable. The further objection that the facts and circumstances set out in the affidavits as constituting the crime charged in the indictment show that it is a crime in Georgia, and the possible subject of prosecution in that state under its laws, does not affect the question. ”

“ We find no error in the judgment of the circuit court and the sane is affirmed; and it is directed that the order and judgment of the district court remanding the appellant to the custody of the respondent as the agent of the state of New York be executed. ”