Dinkelman v. State
| Citation | 43 Ala.App. 177,184 So.2d 845 |
| Decision Date | 29 March 1966 |
| Docket Number | 1 Div. 109 |
| Parties | Darold F. DINKELMAN v. STATE. |
| Court | Alabama Court of Appeals |
Wm. L. Green, Mobile, for appellant.
Richmond M. Flowers, Atty. Gen., and W. Mark Anderson, III, Asst. Atty. Gen., for the State.
This is an extradition case. Appellant, in custody pursuant to an extradition warrant issued by the Governor of this State ordering his return to the State of Nebraska, sought his release by habeas corpus. After a hearing he was remanded to custody for extradition.
The rendition warrant recites:
'WHEREAS, His Excellency, Frank B. Morrison Governor of the State of Nebraska, by requisition dated the 7th day of June, 1965 has demanded of me, as Governor of the State of Alabama, the surrender of Darold Dinkelman who, it appears, is charged by Complaint and Warrant, in the county of Buffalo in said State, with the crime of Removal of Mortgaged Property, as shown by certified copy of Complaint and Warrant (a duly certified copy of which Complaint and Warrant accompanies said requisition) and it appearing that said Darold Dinkelman has fled from justice in said State and taken refuge in the State of Alabama.'
The requisition, the rendition warrant and the supporting papers were introduced in evidence by the state.
Title 15, Section 50, Code 1940, requires that the requisition be accompanied by a copy of an indictment found or by an information supported by affidavit in the state having jurisdiction of the crime, Or by a copy of an affidavit made before a magistrate there, together with a copy of any warrant which was issued thereon.
The 'complaint' is in the form of an affidavit properly sworn to by Duane Hubbard, Deputy County Attorney of Buffalo County, Nebraska, before Harvey M. Wilson, County Judge, who issued a warrant thereon on the same day. This is a sufficient compliance with the statute. Harris v. State, 257 Ala. 3, 60 So.2d 266; Lacondra v. Hermann, 343 Ill. 608, 175 N.E. 820, 823.
It is appellant's contention that the affidavit purporting to support the complaint and verify the facts was made before a notary public, not shown to be a magistrate. This affidavit, among the papers introduced, reads:
'Duane Hubbard, being first duly sworn, says that he is complainant in the above entitled case; that the facts set forth in the complaint are true; that he believes there is sufficient evidence to secure the conviction of said fugitive of the crime charged; that this complaint is not made for the purpose of collecting a debt, for the enforcement of any civil process, or to answer any private purpose or end whatever, and if the requisition herewith applied for be granted, the criminal proceedings shall not be used for any of said object.
Duane Hubbard, Deputy County
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Rayburn v. State, 3 Div. 894
...of authority supports this contention. (Citations omitted)." In re Martz, 83 Idaho 72, 357 P.2d 940, 943 (1960). In Dinkelman v. State, 43 Ala.App. 177, 184 So.2d 845 (1966), the former Alabama Court of Appeals held that a "complaint" in the form of an "affidavit" properly sworn to was a su......
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Grubbs v. State
...Alabama statutes authorizing extradition upon the production of a copy of an affidavit made before a magistrate. Dinkelman v. State, 43 Ala.App. 177, 184 So.2d 845 (1966). We have gone to the record in Dinkelman. The complaint in that case is set forth "STATE COMPLAINT ) "THE STATE OF NEBRA......