Case Summary
At an unspecified date, the bound party, Edward Falconer, was alleged to have committed the crimes of conspiracy and falsely assuming to be an officer in Pottawattamie County, Iowa. On September 10th, 1919, a grand jury in Pottawattamie County found standing for Falconer to be charged with the crime. After the commission of the alleged crime, Falconer allegedly fled to Omaha, Douglas County, Nebraska. On September 19th, the Governor of Iowa, W. L. Harding demanded the extradition of Falconer to the aforementioned county. The following day, the Governor of Nebraska, Samuel R. McKelvie, issued a warrant for the arrest of Falconer. Sheriff of the County of Pottawattamie, William Greneweg, then took custody of Falconer within the jurisdiction of Nebraska and returned him to the aforementioned county. On September 24th, a writ of Habeas Corpus was filed by the bound party's attorneys making claims including but not limited to: the warrant from the Governor of Nebraska to Sheriff Greneweg was null and void, all proceedings related to the warrant were null and void, the Governor of Nebraska had no authority to transport the bound party, the warrant was issued without investigation, the bound party was not present in Iowa when the times were committed, the alleged crimes are not crimes against Nebraska, and as a result of at the time of arrest being on bail for grand larceny, was ineligible to be extradited. On September 26th, the writ is denied and the bound party was released on bail for twenty days in order to prepare a writ of error to the Nebraska Supreme Court. On September 30th, a motion for a new trial was filed alleging, among the allegations in the petition, that: the court erred in finding the indictment valid, the court erred in ruling the bound party could be removed, the court erred in allowing an extradition not certified by the Chief Magistrate to be allowed, the court erred in not allowing the writ of Habeas Corpus, and the court erred in not squashing an answer and return motion. On October 8th, the motion for a new trial was overruled as a result of an agreement reached by both parties. On October 18th, the writ of error was filed with the Supreme Court. On May 6th, 1921, the Nebraska Supreme Court affirmed the judgment of the lower court at the cost of the plaintiff. Fate of the bound party outside Nebraska is unknown.
Case Information
Petition type(s)
Petition subtype(s)
Sites of significance
Outcome
Writ denied
Fate of bound party
Custody transferred to third party
Case Citation
Douglas County District Court, Omaha, NE, RG230: Douglas County Records, Subgroup 10: District Court, 1855-1972, Series: Criminal Appearance Docket Books, Vol. 21: ca. 1919, p. 612; Douglas County District Court, Omaha, NE, RG230: Douglas County Records, Subgroup 10: District Court, 1855-1972, Series 7: Criminal Case Files, 1897-1920, Reel 87: Doc. 21-605 to 21-724, Sep. 18, 1919 - Nov. 6, 1919, No. 21-612
Source material(s)
Docket |
Case File
Length of case file
Between 31 and 40 pages
Repository(s)
State
Tag(s)
