opinion: UNITED STATES ex rel. Watson MOULTHROPE, Petitioner-Appellant, v. Edward MATUS, Respondent-Appellee.
  No. 67, Docket 23166.
  United States Court of Appeals, Second Circuit.
  Argued Dec. 8, 1954.
  Decided Dec. 31, 1954.
  William S. Gordon, Jr., Hartford, Conn. (Gordon, Muir & Fitzgerald and Stephen M. Riley, Hartford, Conn., on the brief), for petitioner-appellant.
  Albert S. Bill, State’s Atty. for Hartford County, Conn., Hartford, Conn. (Douglass B. Wright, Asst. State's Atty. for Hartford County, Conn., Hartford, Conn., on the brief), for respondent-appellee.
  Before CLARK, Chief Judge, and L. HAND and MEDINA, Circuit Judges.
  CLARK, Chief Judge.
  Relator appeals from the dismissal of his writ of habeas corpus challenging the legality of his detention under an outstanding warrant for his extradition to Florida. Relator claims that, since Florida forcibly extradited him to Connecticut in 1930, he cannot now be considered a fugitive from justice within U.S.Const. Art. IV, § 2, and 18 U.S.C. § 3182. He asserts that by honoring Connecticut’s earlier demand Florida has given him an irrevocable right of asylum in that state. This argument was rejected by the Supreme Court of Errors of the State of Connecticut after full analysis of the facts and the law of this case. Moulthrope v. Matus, 139 Conn. 272, 93 A.2d 149, certiorari denied 345 U.S. 926, 73 S.Ct. 785, 97 L.Ed. 1357. We concur in the well-reasoned and persuasive opinion of Justice Baldwin speaking for a unanimous court.
  Extradition from one state to another must comply with the provisions of the Constitution, which are exclusive, but need not necessarily be in accord with the provisions of 18 U.S.C. § 3182, which are not. Innes v. Tobin, 240 U.S. 127, 36 S.Ct. 290, 60 L.Ed. 562. The literal language of both the Constitution and the statute has been considerably expanded over the years. Thus it has been held that “To be regarded as a fugitive from justice it is not necessary that one shall have left the state in which the crime is alleged to have been committed for the very purpose of avoiding prosecution, but simply that, having committed there an act which by the law of the state constitutes a crime, he afterwards has departed from its jurisdiction and when sought to be prosecuted is found within the territory of another state.” Hogan v. O'Neill, 255 U.S. 52, 56, 41 S.Ct. 222, 223, 65 L.Ed. 497; and see Brewer v. Goff, 10 Cir., 138 F.2d 710. In the course of interpretation the phrase “fled into,” found in both the Constitution and the statute, has been assimilated into the phrase “fugitive from justice.” As pointed out below and in the state court, the case of In re Whittington, 34 Cal.App. 344, 167 P. 404, seems not to have been generally followed.
  But even if some residue of independent meaning for “fled into,” in the sense of voluntary departure, could be said to remain in the federal statute, that would not preclude a wider application of extradition by state law. Innes v. Tobin, supra, 240 U.S. 127, 36 S.Ct. 290, 60 L. Ed. 562. Connecticut had ample power, under its common-law rights of enforcing comity, to honor the warrant of extradition in this case, even though it had no specific extradition statute of its own. See Black, Interstate Rendition as Applied to a Person Brought Involuntarily into the Surrendering State, 29 J.Crim. L. & Criminology 309; Note, Criminal Law — Interstate Rendition — Section 6 of Uniform Extradition Act Constitutional, 91 U. of Pa.L.Rev. 669; Note, Extradition — Interstate Rendition — Involuntary Departure from Demanding State, 29 Col.L.Rev. 1157.
  Affirmed.
  . This is an adequate statement to present the problem; a fuller history would show: a conviction of relator for robbery in Florida in ]925, followed by imprisonment there and a pardon in 1928 conditioned upon his leading a “law-abiding life”; a conviction of robbery in Connecticut in 1929, followed by imprisonment there and escape to Florida; a conviction of murder in Florida in 1930, followed within a week by his forcible extradition to Connecticut, where he was resentenced to a long term in prison; a revocation of the pardon by Florida in 1948; and a requisition by Florida to the Governor of Connecticut for extradition in 1949, which being honored led first to a writ of habeas corpus dismissed in the state courts and then to the present proceedings for a federal writ of habeas corpus.
  . Certain expressions used in this case hy Chief Justice White might seem to suggest a more restrictive meaning for the phrase “fled into,” but the decision itself is clear-cut in allowing extradition on facts substantially similar to the situation before us. The case concerned the extradition into Georgia of a person who had come into Texas by extradition from Oregon; and the extradition into Georgia was upheld below, Ex parte Innes, 77 Tex. Cr.R. 351, 173 S.W. 291, L.R.A.1916C, 1251, on the basis of a local statute broader than the federal one, but substantially identical with the constitutional provision. But the absence of a local statute in Connecticut does not make this case significantly different from the Innes one, for the opinion of the Supreme Court did not even advert to the existence of the local statute, but made only general reference to local law.
instruction: What follows is an opinion from a United States Court of Appeals.
  Intervenors who participated as parties at the courts of appeals should be counted as either appellants or respondents when it can be determined whose position they supported. For example, if there were two plaintiffs who lost in district court, appealed, and were joined by four intervenors who also asked the court of appeals to reverse the district court, the number of appellants should be coded as six.
  In some cases there is some confusion over who should be listed as the appellant and who as the respondent. This confusion is primarily the result of the presence of multiple docket numbers consolidated into a single appeal that is disposed of by a single opinion. Most frequently, this occurs when there are cross appeals and/or when one litigant sued (or was sued by) multiple litigants that were originally filed in district court as separate actions. The coding rule followed in such cases should be to go strictly by the designation provided in the title of the case. The first person listed in the title as the appellant should be coded as the appellant even if they subsequently appeared in a second docket number as the respondent and regardless of who was characterized as the appellant in the opinion.
  To clarify the coding conventions, consider the following hypothetical case in which the US Justice Department sues a labor union to strike down a racially discriminatory seniority system and the corporation (siding with the position of its union) simultaneously sues the government to get an injunction to block enforcement of the relevant civil rights law. From a district court decision that consolidated the two suits and declared the seniority system illegal but refused to impose financial penalties on the union, the corporation appeals and the government and union file cross appeals from the decision in the suit brought by the government. Assume the case was listed in the Federal Reporter as follows:
  United States of America,
  Plaintiff, Appellant
  v
  International Brotherhood of Widget Workers,AFL-CIO
  Defendant, Appellee.
  International Brotherhood of Widget Workers,AFL-CIO
  Defendants, Cross-appellants
  v
  United States of America.
  Widgets, Inc. & Susan Kuersten Sheehan, President & Chairman
  of the Board
  Plaintiff, Appellants,
  v
  United States of America,
  Defendant, Appellee.
  This case should be coded as follows:Appellant = United States, Respondents = International Brotherhood of Widget Workers Widgets, Inc., Total number of appellants = 1, Number of appellants that fall into the category "the federal government, its agencies, and officials" = 1, Total number of respondents = 3, Number of respondents that fall into the category "private business and its executives" = 2, Number of respondents that fall into the category "groups and associations" = 1.
  Your task is to identify the state of the first listed state or local government agency that is an appellant.
choices: not Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachussets Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New New New New North North Ohio Oklahoma Oregon Pennsylvania Rhode South South Tennessee Texas Utah Vermont Virginia Washington West Wisconsin Wyoming Virgin Puerto District Guam not Panama