Harris

RONAN, Justice. This petition for a writ of alleges that the petitioner was unlawfully arrested and imprisoned, under a warrant issued upon the request of the Governor of the State of New York, for the alleged crime of receiving stolen goods, and that the said warrant was issued contrary to the laws of the United States and to the Constitution and laws of this Commonwealth. At the hearing in the Superior Court the only evidence presented was the demand, and its accompanying papers, of the Governor of New York for the rendition of the petitioner; a statement of agreed facts that the said demand and the said papers were presented to the Governor of this Commonwealth who issued a warrant for the arrest of Harris in compliance with the said demand, that the time he issued the said warrant the Governor of this Commonwealth knew that an indictment was pending against the petitioner for the commission of a crime in this Commonwealth; an admission by the petitioner that he was in the State of New York on May 1, 1940, and May 6, 1940; and a denial by him that he had seen one Salsberg on those dates. The petitioner excepted to the denial of three requests for rulings, and to the order dismissing the petition. There was no error in the denial of the first request that the Governor of this Commonwealth had no authority to issue a warrant for the arrest and rendition of the petitioner to the State of New York when he knew that an indictment was then pending here against the petitioner for the commission of a felony. The agreed facts showed the pendency of an indictment, but it did not show the nature of the offence charged. It might have accused the petitioner only of a misdemeanor. It is proper to refuse a request not based upon the evidence. Wood v. Skelley, 196 Mass. 114, 81 N.E. 872, 124 Am.St.Rep. 516; Boston Five Cents Savings Bank v. Brooks, 309 Mass. 52, 34 N.E.2d 435.