Opinion · Supreme Court of the United States

Cosgrove v. Winney

174 U.S. 64

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1899-04-24
Topic
general

Mr. Chief Justice Fuller delivered the opinion of the court. Article three of the Extradition Convention between the United States and Great Britain, promulgated March 25, 1890, 26 Stat. 1508, and section 5275 of the Revised Statutes, are as follows: “ Article III. No person surrendered by or to either of the High Contracting Parties shall be triable or be tried for any crime or offence, committed prior to his extradition, other *67 than the offence for which he was surrendered, until he shall have had an opportunity of returning to the country from which he was surrendered.” “ Seo. 5275. 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 safekeeping of such accused person, and for his security against lawless violence, until the final conclusion of his trial for the crimes or offences specified in the warrant of extradition, and im til his final discharge from custody or imprisonment for or on account of such crimes or offences, and for a reasonable time thereafter, and may employ such portion of the land and naval forces of the United States, or of' the militia thereof, as may be necessary for the safekeeping and protection of the accused.” Cosgrove was extradited under the treaty, and entitled to all the immunities accorded to a person…

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Cited by
18 opinions

Headnotes

  1. Criminal Law & Procedure — Scope of Immunity Under Treaty A person surrendered under an extradition treaty is immune from prosecution for any crime committed prior to extradition other than the offense for which he was surrendered, until he has been afforded an opportunity to return to the country from which he was surrendered. Article III of the Extradition Convention between the United States and Great Britain (26 Stat. 1508); 174 U.S. at 73–74
  2. Criminal Law & Procedure — Duration of Immunity The immunity secured by an extradition treaty and by section 5275 of the Revised Statutes continues until the extradited person's discharge from custody or imprisonment for the offense for which he was extradited — whether by acquittal, by conviction and compliance with sentence, or by termination of the prosecution in some other way — and for a reasonable time thereafter to return to the country from which he was surrendered. 174 U.S. at 76 (citing United States v. Rauscher, 119 U.S. 407, 433); Rev. Stat. § 5275
  3. Criminal Law & Procedure — Extradition When bail is given, the principal is regarded as delivered into the custody of his sureties, whose dominion is a continuance of the original imprisonment; the sureties may seize and surrender him at any time and may pursue him into another State, so that an extradited person's release on bail in the surrendering state, and his temporary departure to the country from which he was extradited, do not terminate the custody or put an end to the criminal prosecution. 174 U.S. at 76–77 (quoting Taylor v. Taintor, 16 Wall. 366, 371)
  4. Criminal Law & Procedure — Waiver of Immunity by Return An extradited person does not waive or lose the immunity conferred by the extradition treaty merely by voluntarily returning to the United States while the prosecution for the offense for which he was surrendered remains pending and undetermined and before he has had any opportunity to return to the country from which he was surrendered after final discharge. 174 U.S. at 77–78
  5. Criminal Law & Procedure — Abuse of Process An arrest on process issued on an indictment for an offense committed before extradition and not extraditable, effected before the prior extradition prosecution has terminated and before the extradited person has had an opportunity to return to the country from which he was surrendered, is an abuse of the high process under which he was originally brought into the United States and cannot be sustained. 174 U.S. at 78