Adams v. State

• Decision Date: 12 May 1942
• Docket Number: 1 Div. 414.
• Citation: 30 Ala.App. 487,8 So.2d 219
• Parties: ADAMS v. STATE.
• Court: Alabama Court of Appeals

8 So.2d 219

30 Ala.App. 487

ADAMS v. STATE.

1 Div. 414.

Alabama Court of Appeals

May 12, 1942

Appeal from Circuit Court, Baldwin County; F. W. Hare, Judge.

The Governor's warrant is as follows:

"Whereas His Excellency, Herbert H. Lehman, Governor of the State of New York, by requisition dated the 27th day of November, 1941 has demanded of me, as Governor of the State of Alabama, the surrender of Linka Adams who, it appears, is charged by indictment and warrant in the county of Rensselaer in said State, with the crime of Grand Larceny (a duly certified copy of which indictment and warrant accompanies said requisition) and it appearing that said Linka Adams has fled from justice in said State and taken refuge in the State of Alabama.

"Now therefore, I, Frank M. Dixon, Governor of the State of Alabama, in obedience to the Constitution and Laws of the United States and the Laws of the State of Alabama, do command you to arrest the said Linka Adams if he be found within the limits of this State, and to deliver him into the custody of Timothy L. Collins the duly authorized Agent of the State of New York, and of the execution of this warrant you will make due return to me."

Hybart & Chason, of Bay Minette, for appellant.

Thos. S. Lawson, Atty. Gen., and Noble J. Russell, Asst. Atty. Gen., for the State.

SIMPSON Judge.

Linka Adams is duly charged by indictment in the State of New York with grand larceny. The case pending before us originated in an extradition proceeding for her return to the State of New York, as a fugitive from justice (Code of Alabama 1940, Title 15, § 48 et seq.), to answer said indictment.

She presented her petition for habeas corpus to Honorable F. W. Hare, Circuit Judge of Baldwin County, and from his order, denying her release from custody of the sheriff, she appeals to this court.

The return of the sheriff to the writ of habeas corpus showed: "That he has said Linka Adams in his custody and is detaining her under and by virtue of a Governor's warrant, issued by Hon. Frank M. Dixon, Governor of Alabama, on the 29th day of November, 1941, commanding him to arrest the said Linka Adams and deliver her into the custody of Timothy L. Collins, the duly authorized agent of the State of New York, said Governor's warrant being submitted to your Honor herewith and made a part of this return."

The warrant of the Governor of Alabama (which the Reporter of Decisions will set out, omitting formal parts), exhibited with the return of the sheriff, is in substance identical with the warrants, heretofore approved as sufficient, in the cases of State v. Floyd Edward Shelton, Ala.App., 8 So.2d 216; Pool v. State, 16 Ala.App. 410, 78 So. 407; State v. Parrish, Ala.Sup., 5 So.2d 828.

The principle was reaffirmed in the Shelton case, supra, that, "in proceedings as this, when the requisition warrant of the Governor of the asylum state contains the requisite jurisdictional recitals, a prima facie case is established for the legal detention of the prisoner."

Upon authority of these cases, and others of similar import, it must be held that the Governor's warrant in ...