Baugh v. State, 7 Div. 600
| Decision Date | 09 May 1963 |
| Docket Number | 7 Div. 600 |
| Citation | 275 Ala. 319,154 So.2d 674 |
| Parties | Grover BAUGH v. STATE. |
| Court | Alabama Supreme Court |
Richmond M. Flowers, Atty. Gen., and Bernard F. Sykes, Asst. Atty. Gen., for the State.
The appellant was held by respondent, Sheriff of Etowah County, upon a rendition warrant issued by Hon. John Patterson, Governor of Alabama. The rendition warrant of the Governor of Alabama recites that it was issued pursuant to a requisition of Buford Ellington, Governor of Tennessee.
Upon his arrest and confinement the appellant instituted habeas corpus proceedings seeking his release.
Upon hearing, the Circuit Judge decreed that the appellant was not entitled to be discharged and ordered that the writ be discharged, and petitioner be remanded to the custody of the Sheriff.
Actually no return was filed by the Sheriff respondent in the proceedings below. It appears from the record that at such hearing the State introduced the rendition warrant of the Governor of Alabama, and the purported requisition of the Governor of Tennessee.
It is now well settled that a prima facie case for detention of a prisoner held pursuant to a rendition warrant results upon the introduction in evidence of the Governor's rendition warrant which recites essential jurisdictional facts, the presumption being that the Governor issued the rendition warrant upon proper authority.
Where the State goes further and introduces the allied papers accompanying the requisition of the Governor of the demanding State, and these allied papers show on their face that they are insufficient to support the requisition, then of course the presumption accorded the recitals of the rendition warrant must fall. Chavers v. State (Ala.App.), 143 So.2d 187.
It appears that both the rendition warrant of the Governor of Alabama and the requisition request of the Governor of Tennessee are defective.
The rendition warrant of the Governor of Alabama recites:
'Whereas, His Excellency, Buford Ellington, Governor of the State of Tennessee, by requisition dated the 1 day of May 1962, has demanded of me, as Governor of the State of Alabama, the surrender of Grover Franklin Baugh who, it appears, is charged by warrant, in the County of Obion in said State, with the crime of burglary, as shown by warrant (a duly certified copy of which warrant accompanies said requisition) * * *.' (Italics ours.)
Section 50 of Title 15, Code of Alabama 1940, is as follows:
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... ... State, 258 Ala. 410, 63 So.2d 346 (1953); State v. Parish, 242 Ala. 7, 5 So.2d 828 (1941) ... Thus where the rendition warrant recites all the above ... Baugh v. State, 275 Ala. 319, 154 So.2d 674 (1963). Even if the rendition warrant is sufficient, a ... ...
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Emmons v. State
... ... 410, 63 So.2d ... 346 (1953); State v. Parrish, 242 Ala. 7, 5 So.2d 828 (1941) ... "Thus where the rendition warrant recites all the ... Baugh v. State, 275 Ala. 319, 154 So.2d 674 (1963). Even if the rendition ... ...
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Krenwinkel v. State
...232 So.2d 346 ... 45 Ala.App. 474 ... Patricia KRENWINKEL ... 1 Div". 72 ... Court of Criminal Appeals of Alabama ... Feb. 11, 1970 ... \xC2" ... State v. Parrish, 242 Ala. 7, 5 So.2d 828 ... While extradition is not a collection ... In Baugh v. State, 275 Ala. 319, 154 So.2d 674, our Governor had honored a ... ...