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State v. Kealy

Iowa Supreme Court

56 N.W. 283 (1893)

Relevant factsFree

Kealy (defendant) was indicted in Iowa for obtaining money under false pretenses (Indictment 1) and then fled to New York. Iowa's governor obtained extradition papers, and New York's governor delivered Kealy back to Iowa. Once back, Kealy was indicted for an unrelated forgery (Indictment 2). At a hearing on Indictment 2, Kealy asked to be released, arguing he couldn't be forced to answer a new, different charge without first being given a chance to return home to New York. The court denied his motion, he pleaded guilty to Indictment 2 and received two years, plus one more year on Indictment 1, and he appealed.

IssueFree

Whether an individual extradited from one state to face charges in an indictment may subsequently be indicted for another crime, wholly unrelated to the events leading to the initial indictment.

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