Blanton v. State, 6 Div. 238
| Decision Date | 20 February 1951 |
| Docket Number | 6 Div. 238 |
| Citation | 50 So.2d 786,35 Ala.App. 591 |
| Parties | BLANTON v. STATE. |
| Court | Alabama Court of Appeals |
J. L. Marshall, of Tuscaloosa, for appellant.
A. A. Carmichael, Atty. Gen., and M. Roland Nachman, Jr., Asst. Atty. Gen., for the State.
This is an appeal from a judgment of the Circuit Court of Tuscaloosa County denying appellant's discharge in a habeas corpus proceeding.
The return filed by the Sheriff in the proceedings below asserted that he was holding the petitioner by virtue of a rendition warrant issued by the Governor of Alabama, directing the sheriff to arrest the petitioner and deliver him to a named agent of the State of California.
At the hearing below a copy of the rendition warrant was introduced into evidence by the respondent Sheriff, the portions thereof pertinent to this appeal being as follows: 'Whereas, His Excellency, Earl Warren, Governor of the State of California, by requisition dated the 1st day of December, 1950, has demanded of me, as Governor of the State of Alabama, the surrender of Isaac Leroy Blanton who, it appears, is charged by Warrant, Complaint, Affidavits, Certification and Exemplification, in the county of Los Angeles, in said State, with the crime of Burglary (a duly certified copy of which Warrant, Complaint, Affidavits, Certification and Exemplification accompanies said requisition) and it appearing that said Isaac Leroy Blanton has filed from justice in said State and taken refuge in the State of Alabama.'
The respondent also introduced, over appellant's objection, numerous affidavits and complaints made in California charging the appellant with sundry crimes of a larcenous nature, together with warrants issued pursuant to such complaints and affidavits. There was also included in this material considerable correspondence between law enforcement officials in California and law enforcement and prison officials in Alabama pertaining to the appellant.
Among the grounds interposed to the introduction of all or part of this material were that the extradition request of the Governor of the demanding State, authenticating the documents, was not offered or produced.
The appellant offered no evidence in the proceedings below.
No need arises to consider the validity of the rulings of the lower court as to the admission of the above material if sufficient proper evidence was before the court to sustain its judgment, this being a non jury proceedings. Holmes v. State, 108 Ala. 24, ...
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Chavers v. State, 7 Div. 682
...the prima facie case made by the recitals of the rendition warrant. State v. Smith, supra; Clayton v. State, supra; Blanton v. State, 35 Ala.App. 591, 50 So.2d 786. The record contains the 'Comes now the petitioner, Cecil Chavers, and demands the right to inspect the requisition of the Gove......
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State v. Freeman, 7 Div. 757
...jurisdictional recitals. State v. Smith, 32 Ala.App. 651, 29 So.2d 438; Tucker v. State, 34 Ala.App. 477, 41 So.2d 625; Blanton v. State, 35 Ala.App. 591, 50 So.2d 786; Denson v. State, 36 Ala.App. 216, 57 So.2d 830; Baugh v. State, Sup.Ct., 154 So.2d Here the solicitor introduced in eviden......
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Aldio v. State
...jurisdictional recitals. State v. Smith, 32 Ala.App. 651, 29 So.2d 438; Tucker v. Smith, 34 Ala.App. 477, 41 So.2d 625; Blanton v. State, 35 Ala.App. 591, 50 So.2d 786; Denson v. State, 36 Ala.App. 216, 57 So.2d 830. But recitals in the rendition warrant and not conclusive, and when the all......