Rau v. Mccorkle

The above-named plaintiffs, by verified petition, applied for writ of habeas corpus on the grounds; first, that they are illegally detained in State Prison at Trenton, New Jersey, predicated upon their challenge to the legal propriety of their extradition to New York to answer criminal charges while they were then serving sentences in a New Jersey penal institution. They contend that the surrender of their persons to the New York authorities under such extradition proceedings constituted a pardon of their New Jersey criminal offenses because no statutory authority exists for the Governors of the respective states to enter into an agreement for the return of persons so surrendered unless the crime allegedly committed in the demanding state be murder. Here, the charged crime was robbery. Secondly, they argue that their constitutional rights of due process have been violated.