Applications of Williams
Decision Date | 02 February 1955 |
Docket Number | No. 8188,8188 |
Citation | 76 Idaho 173,279 P.2d 882 |
Parties | Applications of Eugene A. WILLIAMS and Fred Stewart, For Writs of Habeas Corpus. |
Court | Idaho Supreme Court |
Vernon K. Smith, Boise, for appellant.
Robert E. Smylie, Atty. Gen., Edward J. Aschenbrener, and J. Ray Durtschi, Asst. Atty. Gen., James A. McClure, Pros. Atty., Payette, for respondent.
The Governor of the State of Oregon made demands upon the Governor of the State of Idaho for the extradition of each of the above named applicants. Such demands showed that applicants were charged in the State of Oregon, by affidavits filed by a private person before a committing magistrate, with the crime of burglary, and that applicants were fugitives from justice. The Governor of Idaho issued his warrants of arrest and applicants were taken into custody thereunder by the Sheriff of Payette County.
After their arrest, each of the applicants made application to the District Court in Payette County for a Writ of Habeas Corpus. By stipulation of the parties the two cases were consolidated for hearing. After a hearing thereon, the trial judge entered judgments quashing the Writs of Habeas Corpus and remanding the applicants to the custody of the sheriff. Applicants have appealed to this court. By stipulation and order the two cases were consolidated for appeal and for hearing in this court.
The brief of appellants does not contain assignments of error as provided by Rule 41 of the Supreme Court. However, these being proceedings in Habeas Corpus involving the liberty of appellants and the single claim of error fairly appearing and having been briefed and argued by both sides, we will consider the same. Bell v. Corless, 57 Utah 604, 196 P. 568.
The requisitions of the Governor of Oregon do not contain copies of warrants of arrest of the appellants and do not show whether or not warrants of arrest were ever issued by the magistrate before whom the affidavits were made and filed. Appellants contend that under the provisions of Section 19-4503, I.C., the failure of the extradition papers to contain copies of warrants of arrest renders them fatally defective. Such section reads as follows:
(Emphasis supplied.)
In support of their theory, appellants urge that before a warrant of arrest is issued, a magistrate is required to make some investigation and to exercise some judicial discretion; and that absent the issuance of a warrant, the affidavit of a private person made before a magistrate is not sufficient to charge that the alleged fugitive from justice is wanted for prosecution. Contrary to the contention of appellants, it is the affidavit and not the issuance of a warrant which constitutes the charge against the fugitive. In State ex rel. Covington v. Hughes, 157 La. 652, 102 So. 824, on page 827, it is said:
'Section 5278 of the federal Revised Statutes requires, for this reason, that a copy of the affidavit, and not of the warrant, be certified as authentic by the Governor of the demanding state.'
Generally, the issuance of a warrant is not regarded as necessary or material. People ex rel. Gates v. Mulcahy, 392 Ill. 498, 65 N.E.2d 21; State v. Parrish, 30 Ala.App. 242, 5 So.2d 828.
It is well understood that the right of interstate extradition is a federal and not a state matter; that the federal law and not the state law is supreme; and that any state legislation which conflicts with the federal constitution and effectuating statutes is unconstitutional and void. People ex rel. Millet v. Babb, 1 Ill.2d 191, 115 N.E.2d 241; Ex parte Riccardi, 68 Ariz. 180, 203 P.2d 627; State v. Parrish, supra; People ex rel. Carr v. Murray, 357 Ill. 326, 192 N.E. 198, 94 A.L.R. 1487; Section 19-4502, I.C.
In 35 C.J.S., Extradition, § 3, pages 319-320, it is stated:
Clause 2, Section 2, Art. IV, of the Federal Constitution, provides:
'A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.'
Under such constitutional provision, Congress has enacted Title 18, U.S.C.A. § 3182 [formerly 662], R.S. § 5278, reading in part as follows:
'Whenever the executive authority of any State or...
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Martz, In re
... ... Application of Williams, 76 Idaho 173, 279 P.2d 882. See also, Ex parte Roberts, 186 Wash. 13, 56 P.2d 703; State v. Parrish, 242 Ala. 7, 5 So.2d 828; Bishop v. Jones, 207 ... ...
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Wright v. Bourbeau, 2598
... ... Application of Williams, 76 Idaho 173, 176, 279 P.2d 882 (1955); State ex rel. Sieloff v. Golz, 80 Wis.2d 225, 240, 258 N.W.2d 700 (1977). Although the federal statute ... ...
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Kirkland v. Preston
... ... SCOTT, supra Note 7, at 27-28 ... 12 Application of Williams, 76 Idaho 173, 279 P.2d 882 (1955); Ex parte Riccardi, 68 Ariz. 180, 203 P.2d 627 (1949); People ex rel. Gates v. Mulcahy, 392 Ill. 498, 65 N.E.2d 21 ... ...
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State ex rel. Sieloff v. Golz
... ... The Supreme Court of Idaho in the Application of Williams, 76 Idaho 173, 279 P.2d 882 (1955), confronted facts strikingly similar to those of Sieloff. There a rendition warrant was issued by the asylum ... ...