
    (Fifth Circuit—Fairfield Co., O., Circuit Court
    Jan. Term, 1895.)
    Before Follett, Jenner and Pomerene, JJ.
    CHARLES HUDSON v. THE STATE OF OHIO.
    
      The Governor may demand extradition of a fugitive from the state charged with a misdemeanor only.
    
    (Affirmed by Supreme Court without 33 W. L. 199.
    For opinion in Common Pleas, see 2 N. P., 1.)
    Error to the Court of Common Pleas of Fairfield county.
    Hudson, having been indicted for an offense against the gambling statutes, went to the state of West Virginia. A requisition was obtained from Governor McKinley, and he was brought back and put upon trial at the October term of the common pleas court. Before trial he made a motion for discharge on the ground that the Ohio statute, on the subject of inter-state extradition, provided for the issue of requisitions by the governor in felony cases only; that he had no power to make demand for the return of a fugitive charged with a misdemeanor only, and that consequently defendant was illegally in the jurisdiction of the court. This motion was overruled by the trial judge (Slough), and defendant below put upon trial and convicted. The case came to the circuit court on error.
   PER CURIAM.

After full argument and examination of numerous authorities, the court holds that the governor has the right to demand the surrender of a fugitive from this state, charged with a misdemeanor; and that section 95, relating to the matter of interstate extradition, does not in any way limit the authority and power vested in the executive by the federal constitution and the laws of congress.  