Aldio v. State

• Decision Date: 09 May 1967
• Docket Number: 6 Div. 217
• Citation: 44 Ala.App. 303,208 So.2d 212
• Parties: Joseph ALDIO v. STATE.
• Court: Alabama Court of Appeals

Page 212

208 So.2d 212

44 Ala.App. 303

Joseph ALDIO v. STATE.

6 Div. 217.

Court of Appeals of Alabama.

May 9, 1967.

Rehearing Denied June 13, 1967.

Rogers, Howard, Redden & Mills, Birmingham, for appellant.

MacDonald Gallion, Atty. Gen., and Robt. F. Fuller, Asst. Atty. Gen., for the State.

PRICE, Presiding Judge.

This is an appeal from denial of discharge on habeas corpus in an extradition proceeding.

This is the second time this matter has been before this court. Aldio v. State, 42 Ala.App. 653, 177 So.2d 107.

Appellant's counsel in brief argues three questions, 'the sufficiency and legality of the rendition warrant; the inadmissibility of the requisition warrant for the lack of proper form and authentication; the lack of proper proof on the demanding state that the requested extradition is not for the purpose of collecting or effectuating the collection of a debt or financial obligation.'

The rendition warrant of the Governor of Alabama was set out in aldio v. State, supra. We held that it did not contain the requisite jurisdictional facts. In this proceeding, however, the allied papers are in evidence and we look to them to determine their legal sufficiency to justify the issuance of the rendition warrant. State v. Freeman, 42 Ala.App. 240, 160 So.2d 12, and cases cited; Aldio v. State, supra.

The requisition of the Governor of Pennsylvania reads in pertient part:

'WHEREAS, It appears by the annexed copies of appelication and Bill of Indictment, which I certify to be authentic and duly authenticated in accordance with the Laws of this State, that JOSEPH ALDIO, stands charged with the crimes of Fraudulent Coversion and Cheating by Fraudulent Pretense which I certify to be crimes under the Laws of this State, committed in the County of Lehigh in this State and it having been represented to me that he has fled from the justice of this State and may have taken refuge in the State of Alabama.'

three indictments are copied into the record, two charge 'Cheating by Fraudulent Pretense,' and one charges 'Fuaudulent Conversion.' In admitting these documents in evidence the court remarked, 'The Governor refers to 'indictment.' He uses the singular. However, I have no way of knowing what indictment he refers to. I admit all three indictments into evidence.' Appellant's counsel insists that, 'It cannot be stated with any degree of Certainty as required by law as to what or which indictment was considered by the Governor of Pennsylvania when he signed the requisition warrant,' therefore they were not properly authenticated as required by Title 15, Section 50, Code of Alabama, 1940.

The allegations of the requisition are that relator stands charged with more than one crime in Pennsylvania. The application referred to in the requisition, cerfified by the Governor to be authentic, is the request of George J. Joseph, District Attorney, of the Governor of Pennsylvania to issue the requisition and represents that relator stands charged as appears 'by annexed certified copy of Indictments;' that the crimes charged are 'Fraudulent Conversion and Cheating by Fraudulent Pretense, P.S. 18, Section 4834, and P.S. 18, Section 4836.' The indictments are certified by Paul H. Hartman, the Clerk of the Court of Oyer and Terminer and General Jail Delivery and Quarter Sessions of the Peace for the County of Lehigh as true copies of indictments returned in the 'Cause wherein the Commonwealth is Plaintiff and Joseph Aldio is defendant in the following cases, to wit: Nos. 63, 64 & 65 January Sessions, 1964,' as the same appear in his office. Kenneth H. Koch, President Judge of the Court of Oyer and Terminer and General Jail Delivery and Quarter Sessions of the Peace of Lehigh County certified that 'the foregoing Record and Attestation, made by Paul H. Hartman, Clerk of said court, whose name is thereto subscribed and Seal of office affixed, are in due form and made by the proper officer.' There is also...