Wm. McKnight, Moore & McIntosh, and Edna C. Plummer, for Petitioner.
Leonard B. Fowler, Attorney-General, for Respondent.
By the Court, Ducker, J.:
This is an original proceeding in habeas corpus.
The return to the writ shows that the petitioner was held in custody of the relators, Joseph Stern, sheriff of Ormsby County, State of Nevada, and A. M. Gorman,
as agent of the State of Pennsylvania, under a warrant of arrest issued by the authority of the governor of Nevada pursuant to a requisition from the governor of the State of Pennsylvania, demanding the extradition of the petitioner as a fugitive from justice.
The crime charged is desertion and failure to support wife and child, alleged to have been committed by petitioner in the county of Clearfield, State of Pennsylvania, on or about the 1st day of July, 1917.
Upon the issuance of the writ petitioner was admitted to bail by this court.
It is conceded that the indictment found in said Clearfield County substantially charges an offense under the laws of Pennsylvania, and that petitioner was in that state at the time alleged. The evidence adduced upon the hearing of the return to the writ in this court was taken by deposition under stipulation, and petitioner testified in his own behalf at the hearing. He asserts that the evidence shows that he was never a resident of Clearfield County, but, on the contrary, shows that he was a resident of and domiciled in Jefferson County, and when the actual separation from his wife occurred he was residing in Indiana County, Pa. He insists, therefore, that as a matter of law the court of Clearfield County has no jurisdiction of the offense charged, and that he is entitled to his release. This is the sole question for determination.
We think the jurisdiction of the court of Clearfield County, under the laws of the State of Pennsylvania, to try petitioner for the offense charged and render judgment, does not rest upon the ground of his residence or home in that county, but upon the fact that he was in that state at the time the offense is alleged to have been committed by him.
Petitioner was indicted in Clearfield County under a statute of the State of Pennsylvania which provides:
If any husband or father, being within the limits of this commonwealth, shall hereafter separate himself from his wife or from his children, or from wife and
children, without reasonable cause, and shall wilfully neglect to maintain his wife or children, such wife or children being destitute, or being dependent wholly or in part on their earnings for adequate support, he shall be guilty of a misdemeanor; and on conviction thereof be sentenced to imprisonment not exceeding one year, and to pay a fine not exceeding $100, or either, or both, at the discretion of the court; such fine, if any, to be paid ...