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State v. Kealy

Iowa Supreme Court
56 N.W. 283 (1893)


Kealy (defendant) was indicted in Iowa for obtaining money under false pretenses (Indictment 1). Immediately thereafter, Kealy left Iowa for New York. The Governor of Iowa then completed extradition documents for the Governor of New York to arrest and deliver Kealy back to Iowa. After Kealy was returned to Iowa, he was indicted for another crime, namely forgery (Indictment 2). At a hearing on Indictment 2, Kealy moved the court to be released from custody because he claimed that he could not be held to answer for a new and different charge without being given an opportunity to return to his home state of New York. The court denied Kealy’s motion and required him to plead to Indictment 2. Kealy pled guilty to Indictment 2 and was sentenced to serve two years in prison. Additionally, Kealy was sentenced to serve one year in prison on Indictment 1. Kealy appealed.

Rule of Law


Holding and Reasoning (Rothrock, J.)

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