Charlton v. Kelly

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Charlton v. Kelly
Supreme Court of the United States
Argued April 18, 1913
Decided June 10, 1913
Full case name: Paul Charlton, as Next Friend of Porter ter Charlton, Appt., v. James J. Kelly, Sheriff of Hudson County, New Jersey, et al.
Citations: 229 U.S. 447; 57 L. ed. 1274; 33 Sup. Ct. Rep. 945
Holding
Court recognized authority of the executive department to waive a breach of treaty by Italy and to remain bound thereby.
Court membership
Chief Justice: Edward Douglass White
Associate Justices: Joseph McKenna, Oliver Wendell Holmes, Jr., William R. Day, Horace Harmon Lurton, Charles Evans Hughes, Willis Van Devanter, Joseph Rucker Lamar, Mahlon Pitney
Case opinions

Charlton v. Kelly, 229 U.S. 447 (1913) is a case pertaining to extradition of a U.S. citizen to Italy. In 1910, Porter Charlton confessed in New York to having murdered his wife in Italy. The Italian vice consul requested Charlton's extradition. Hon. John A. Blair, one of the judges of the Circuit Court of the United States for the district of New Jersey, suspended Charlton's petition for a write of habeas corpus and a warrant was issued for his arrest. This order for extradition was approved by Secretary of State Philander C. Knox

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