Key legal question
Whether a constitutional complaint for violation of the extradition statute is admissible even though no prior cantonal cassation complaint was filed.
Extracted holding
Yes. A violation of the 1852 extradition law may be raised by constitutional complaint at any stage of the pending criminal proceedings, provided the accused did not voluntarily submit to the prosecution.
Extracted reasoning
Established practice allows such a complaint throughout the proceedings; the objection that a cantonal cassation remedy should first have been used was therefore rejected.