Facts of the Case
This case is brought here by a writ of error to the Supreme Court of the State of Illinois. The plaintiff in error, Frederick M. Ker, was indicted, tried, and convicted in the Criminal Court of Cook County, in that state, for larceny. The indictment also included charges of embezzlement. During the proceedings connected with the trial, the defendant presented a plea in abatement, which, on demurrer, was overruled, and, the defendant refusing to plead further, a plea of not guilty was entered for him, according to the statute of that state, by order of the court, on which the trial and conviction took place.
Conclusions
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A plea to an indictment in a state court that the defendant has been brought from a foreign country to this country by proceedings which are a violation of a treaty between that country and the United states, and which are forbidden by that treaty, raises a question, if the right asserted by the plea is denied, on which this Court can review, by writ of error, the judgment of the state court. But where the prisoner has been kidnapped in the foreign country and brought by force against his will within the jurisdiction of the state whose law he has violated, with no reference to an extradition treaty, though one existed, and no proceeding or attempt to proceed under the treaty, this Court can give no relief, for these facts do not establish any right under the Constitution or laws or treaties of the United States.
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