1. The hearing conducted by the Attorney-General at the direction of the Governor was a matter of grace. Petitioner had no constitutional right thereto.
2. The requisition for extradition and the rendition being in proper form, it is for the court, in habeas corpus proceedings, to inquire whether the petitioner is the person named in the requisition and rendition, and whether he is a fugitive from justice from the demanding state.
3. The asylum state of a person fleeing the state of his conviction for crime has no right to consider the merits of his trial, but only the question of the obligation to surrender him to the demanding state. The question of his guilt or innocence, or whether his constitutional rights on the trial of the indictments preferred against him in the demanding state were violated cannot be determined in the courts of the asylum state. They are to be determined by the courts of the state where he was tried and, if denied what he conceives to be his constitutional right, he may apply to the United States Supreme Court for the protection of such right. Writ of habeas corpus, denied.
PER CURIAM.
The decree appealed from is affirmed, for the reasons stated in the opinion filed in the Court of Chancery.
For affirmance — THE CHIEF-JUSTICE, BODINE, DONGES, HEHER, COLIE, WACHENFELD, EASTWOOD, BURLING, WELLS, DILL, FREUND, McGEEHAN, McLEAN, JJ. 13.
For reversal — None.