Carter v. State
| Decision Date | 01 April 1913 |
| Citation | 61 So. 591,65 Fla. 347 |
| Parties | CARTER v. STATE. |
| Court | Florida Supreme Court |
Error to Circuit Court, St. Johns County; R. M. Call, Judge.
Petition in habeas corpus by Albert A. Carter. Petition denied, and petitioner brings error. Affirmed.
Syllabus by the Court
Where a person is held under an executive warrant for extradition and in habeas corpus proceeding the identity of the petitioner is shown by the evidence and no error of law is made to appear in the extradition proceedings, an order directing the petitioner to be held under the warrant will be affirmed.
Writs of error in habeas corpus cases should be made returnable at the earliest practicable day.
COUNSEL A. G. Hartridge, of Jacksonville, and W. A MacWilliams, of St. Augustine, for plaintiff in error.
T. F West, Atty. Gen., and C. O. Andrews, of Tallahassee, for the State.
The writ of error herein was allowed and taken to an order remanding a petitioner in habeas corpus proceedings before the judge of the Fourth judicial circuit.
It appears from the papers presented by the petitioner on this writ of error that J. A. Thompson, alias Lewis Hall, was indicted for the crime of grand larceny in the first degree in the state of New York. An application was made to the Governor of New York 'for a requisition upon the Governor of the state of Florida for J. A. Thompson, alias Lewis Hall, arrested in St. Augustine (Florida) under the name of Albert A. Carter.' The Governor of New York issued a requisition on the Governor of Florida for 'J. A. Thompson, alias Lewis Hall, alias Albert A. Carter.' The Governor of Florida issued a warrant stating that: 'Whereas, the executive authority of the state of New York has demanded of the executive authority of the state of Florida the delivery and surrender of the body of J. A. Thompson, alias Lewis Hall, alias Albert A. Carter, as a fugitive from justice from said state of New York to said state of Florida, and has produced and filed with the executive authority of said state of Florida, to which said state said J. A. Thompson, alias Lewis Hall, alias Albert A. Carter, has fled from the state of New York, a copy of indictment charging the said person so demanded with having committed in said state of New York against the laws of said state of New York the crime of grand larceny in the first degree and which is certified as authentic by the Governor of said state of New York:
'Now, therefore, this is to command you to apprehend and arrest the body of the said J. A. Thompson, alias Lewis Hall, alias Albert A. Carter, and deliver his said body to James J. Gegan agent of the said state of New York, duly authorized and empowered to receive and convey the said J. A. Thompson, alias Lewis Hall, alias A. A. Carter, to the state of New York, then and there to be surrendered to the legal...
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State v. Parker
...The petitioner was remanded and was allowed and took writ of error under the statute. Section 3580, Rev. Gen. Stats. 1920; Carter v. State, 65 Fla. 347, 61 So. 591. It contended here that the ordinance 'is unconstitutional, because it denies petitioner the right of trial by jury, and provid......
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Arnold v. Boyce
...up until the beginning of the succeeding term, which began on the second Tuesday in January, 1929. This court, in Carter v. State, 65 Fla. 347, 61 So. 591, 'In allowing writs of error in habeas corpus cases, the judge would facilitate the administration of justice by directing that the writ......
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Ex Parte La Ba
... ... was proper (Rev. Gen. St. 1920, § 3580). Affirmed upon ... authority of the opinions in the cases of Carter v ... State, 65 Fla. 347, 61 So. 591, and Gillooley v ... Vaughn et al., 110 So. 653, filed at this term of the ... COUNSEL ... [110 ... ...
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State Ex Rel. Clark v. Vaughn
... ... Affirmed ... Syllabus ... by the Court ... SYLLABUS ... Making ... writ of error issued May 17, 1926, returnable June 10, 1926, ... was proper (Rev. Gen. St. 1920, § 3580). Affirmed upon ... authority of the opinions in the cases of Carter v ... State, 65 Fla. 347, 61 So. 591, and Gillooley v ... Vaughn et al., 110 So. 653, filed at this term of the ... COUNSEL ... [110 So. 659] ... [92 ... Fla. 963] James F. Bickers, of St. Petersburg, for plaintiff ... in error ... Booth & ... Hobson, and ... ...