Cook v. Rodgers

• Decision Date: 08 May 1939
• Docket Number: 27180,27181.
• Citation: 20 N.E.2d 933,215 Ind. 500
• Parties: COOK v. RODGERS (two cases).
• Court: Indiana Supreme Court

20 N.E.2d 933

215 Ind. 500

COOK v. RODGERS (two cases).

Nos. 27180, 27181.

Supreme Court of Indiana

May 8, 1939

Appeal from Clinton Circuit Court; John L. Downing Judge.

Thos M. Ryan and Robert K. Ryan, both of Frankfort, for appellants.

Frank S. Pryor and Hollis G. Davison, both of Frankfort, for appellee.

TREMAIN Chief Justice.

The appellants in the above entitled causes were arrested by the sheriff of Clinton County upon warrants issued by the Governor of the State of Indiana, based upon requisitions of the Governor of the State of Florida, in which it is recited that the appellants are charged with embezzlement in that state and are fugitives from justice.

The Constitution of the United States, Article 4, § 2, U.S.C.A. provides that 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 to the state having jurisdiction of the crime. Congress has provided means for carrying out that provision of the Constitution, 18 U.S.C.A. § 662. The State of Indiana, through its General Assembly, Chapter 49, Acts 1935 (Sec. 9-419 et seq., Burns' Ind.St.1933 Pocket Supp., section 2049-1 et seq., Baldwin's 1934 Supp.), adopted what is known as the Uniform Criminal Extradition Act. This act liberalizes and changes certain procedural features theretofore existing, and is intended to expedite the execution of the federal provisions. Taylor v. Smith, 1938, 213 Ind. 640, 13 N.E.2d 954.

Upon the receipt by the Governor of the State of Indiana of the requisition papers issued by the Governor of the State of Florida, certified in substantial compliance with, and containing copies of all exhibits required by law, the Governor of Idniana issued a warrant to any sheriff of the State of Indiana commanding the arrest of the appellants. The warrant issued by the Governor contained all the necessary allegations required by the statute in this state and was delivered to the sheriff of Clinton County, upon the receipt of which the appellants were arrested at their home in that county and taken before the judge of the circuit court. Each filed a petition for a writ of habeas corpus. To these petitions the sheriff filed returns in which he embodied as exhibits a copy of the requisition papers sent by the Governor of Florida to the Governor of Indiana, which exhibits contained, among other things, a copy of the information, supported by affidavits, filed against the appellants by a prosecuting officer in which the appellants were charged with having committed the crime of embezzlement under the law of that state, as defined by Section 7244, Article 4, Volume 4 of the Compiled General Laws of Florida of 1927. The charge against the appellants, disclosing that they were prosecuted upon information filed in the proper county in the State of Florida, is made and verified as provided by Sections 8257 and 8258 of the Statutes of Florida, supra.

Section 8257 provides: 'All offenses of which said court has jurisdiction shall be prosecuted upon information filed by the county solicitor under oath, and the same rules of practice and pleading that now obtain as to indictments shall obtain as to informations. * * * and such information shall have appended thereto the oath of the county solicitor to the effect following: 'Personally appeared before me, ..... county solicitor, who being first duly sworn, says that the allegations as set forth in the foregoing information are based upon facts that have been sworn to as true, and which if true would constitute the offense therein charged,' which affidavit shall be made by the county solicitor before some person qualified to administer an oath.'

The requisition of the Governor of Florida contains a copy of the warrant issued by him, a certificate by the clerk of the county as to the identity of the judge, and a certificate of the judge of the court as to the identity of the clerk. All the proceedings are duly authenticated and certified to by the Governor of that state.

The appellants charge in their petitions for a...