# Collins v. O'Neil

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United States Supreme Court
214 U.S. 113
Collins v. O'Neil
Argued: and submitted April 5, 1909. --- Decided: May 17, 1909
In No. 241, the plaintiff in error, being imprisoned in the county jail of San Francisco, in the state of California, by the sheriff, applied to the supreme court of that state in banc for a writ of habeas corpus to obtain his discharge from imprisonment. The writ was granted, and, after hearing, was dismissed, and the petitioner remanded to the custody of the sheriff. 151 Cal. 340, 70 Pac. 827, 91 Pac. 397. A writ of error was then sued out from this court and the case brought here.
In No. 320, the appellant applied to the circuit court of the United States for the northern district of California for a similar writ, which was issued, and a hearing had, and the writ dismissed by the court. 149 Fed. 573, and see 151 Fed. 358, 154 Fed. 980. From the order of dismissal an appeal was allowed to this court. The two cases have been heard here as one.
The material facts are these: On July 13, 1905, an indictment was found by the grand jury of San Francisco county, California, against the plaintiff in error charging him with the crime of perjury, alleged to have been committed in San Francisco on June 30 of that year. The plaintiff in error not being found within the state, was subsequently discovered was in Victoria, British Columbia, and proper demand, under the treaty between the United States and Great Britain, being made for his surrender upon that indictment for trial, he was, on October 7, 1905, duly surrendered, and removed from Victoria by one Gibson, the agent designated in the Canadian extradition warrant, to San Francisco, where he was placed in the custody of the then sheriff, who also had a bench warrant issued from the superior court on the perjury indictment against the plaintiff in error.
His trial upon the indictment upon which he had been extradited began in San Francisco in December, 1905, and resulted in the disagreement of the jury on the 23d of December of that year, and the case was then continued, to be thereafter reset for trial, Upon the trial of the indictment for which plaintiff in error was extradited, he was himself sworn, and testified as a witness, and, on the 29th of December, 1905, after he had given such evidence, he was indicted again by the grand jury of San Francisco county, the indictment charging him with perjury committed on December 12, 1905, while testifying on his own behalf on the trial, as already stated. He was arrainged on this indictment in January, 1906, and after he had made all objections to his being arrainged or placed on trial on this second indictment until the conclusion of the first, and until he had then been afforded opportunity to return to Victoria, he was, nevertheless, brought to the bar and the trial proceeded with, resulting in a verdict of guilty on February 27, 1906, upon which judgment was entered that he be imprisoned in the state prison for the term of fourteen years.
From that judgment he appealed to the district court of appeal of California, where it was affirmed, and thereafter he applied to the state supreme court for a rehearing by that court, which was denied. People v. Collins, 6 Cal. App. 492, 92 Pac. 513.
Thereupon the plaintiff in error, being restrained of his liberty, as well under the judgment of conviction, as otherwise under the extradition warrant, applied to the state supreme court for a writ of habeas corpus, as above stated, contending that his conviction and sentence were void and in excess of the jurisdiction of the state court, as being in contravention of his extradition rights under the treaty between the United States and Great Britain, and § 5275 of the United States Revised Statutes (U.S.C.omp. Stat. 1901, p. 3596), set forth in the margin.
The writ was issued and a return made, denying many of the allegations of the petition, and, after hearing, it was finally dismissed, and the plaintiff in error remanded to the custody of the sheriff. 154 Fed. 980.
Mr. George D. Collins in propria persona for plaintiff in error and appellant.
U.S. Rev. Stat. § 5275, U.S.C.omp. Stat. 1901, p. 3596.
'Whenever any person is delivered by any foreign government to an agent of the United States, for the purpose of being brought within the United States and tried for any crime of which he is duly accused, the President shall have power to take all necessary measures for the transportation and safe-keeping of such accused person, and for his security against lawless violence, until the final conclusion of his trial for the crimes or offenses specified in the warrant of extradition, and until his final discharge from custody or imprisonment for or on account of such crimes or offenses, and for a reasonable time thereafter, and may employ such portion of the land or naval forces of the United States, or of the militia thereof, as may be necessary for the safe-keeping and protection of the accused.'
[Argument of Counsel from pages 116-119 intentionally omitted]
Mr. William Hoff Cook for defendants in error and appellees.
[Argument of Counsel from pages 119-120 intentionally omitted]
Mr. Justice Peckham after making the foregoing statement, delivered the opinion of the court:

## Notes

* 1 2 U.S. Rev. Stat. § 5275, U.S.C.omp. Stat. 1901, p. 3596.
This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
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