Charlton v. Kelly, 229 U.S. 447 (1913), is a case pertaining to extradition of a U.S. citizen to Italy.[1] In 1910, Porter Charlton confessed in New York to having murdered his wife in Italy.[2] The Italian vice consul requested Charlton's extradition.[3] 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 writ of habeas corpus and a warrant was issued for his arrest.[4] This order for extradition was approved by Secretary of State Philander C. Knox.[5]
| Charlton v. Kelly | |
|---|---|
 | |
| 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 (more) 33 S. Ct. 945; 57 L. Ed. 1274 |
| Holding | |
| Court recognized authority of the executive department to waive a breach of treaty by Italy and to remain bound thereby. | |
| Court membership | |
| |
| Case opinion | |
| Majority | Lurton, joined by unanimous |
Opinion of the Court
editIn an opinion written by Justice Horace Harmon Lurton, the Court held that the United States had the right to waive a breach of its extradition treaty with Italy, and by waiving the breach, the countries would remain bound by the treaty.[6]
See also
editReferences
editExternal links
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Works related to Charlton v. Kelly at Wikisource- Text of Charlton v. Kelly, 229 U.S. 447 (1913) is available from: CourtListener Findlaw Justia
- Lawyers' Reports Annotated entry on Charlton v. Kelly on Google Books
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