But an illegal arrest cannot be urged as a defense to an indictment. No matter how a person is brought before the court, it has jurisdiction to try him on the indictment.25

So also the legality of the arrest of a fugitive from justice in a foreign country is not necessary to give the court jurisdiction; no matter by what means the fugitive may have been brought from the foreign country, whether lawful or unlawful, the court has jurisdiction to try him on an indictment.26

30 Hughes' Cr. Law, Sec. 2634;

Housh vs. People, 75 Ill., 491; Slomer vs. People, 25 Ill., 59; Tuttle vs. Wilson, 24 Ill., 561.

21 Lippman vs. People, 175 Ill., 113;

Cooley's Const. Sim., 372 (4th Ed.). 22 Ill. Const., 1870, Art. 2, Sec. 6.

22 Com. vs. Intoxicating Liquors, 140 Mass., 287. 24 Langdon vs. People, 133 Ill., 397;

Boyd vs. U. S., 116 U. S., 616. 25 Mix vs. People, 26 Ill., 34; People vs. Rowe, 4 Park. Cr. (N. Y.), 283; Hughes' Cr. Law, Sec.

2657.

Preliminary Hear, Section 10. Prisoner Taken Before the Court.

In all cases, whether an arrest has been made before or after the issuing of a warrant, it is the duty of the officer or person making the arrest, to take the prisoner immediately before a magistrate or justice of the peace, where he shall be entitled to a speedy hearing on the charge preferred against him.

If the arrest was made without first procuring a warrant, the prisoner shall be taken before the nearest magistrate or justice having authority to issue process in such case. And the officer or person making the arrest shall at once file with the magistrate the necessary complaint in writing, which is essential to give the court jurisdiction; for without the making of such complaint, stating the offense with which the prisoner is charged, there is no cause to be inquired into or to be disposed of by the court.27