Emmons v. State
Decision Date | 19 August 1994 |
Docket Number | CR-92-1450 |
Citation | 650 So.2d 612 |
Parties | Carrie Bell EMMONS v. STATE. |
Court | Alabama Court of Criminal Appeals |
E.E. Ball, Bay Minette, for appellant.
James H. Evans, Atty. Gen., and Gail Hampton, Asst. Atty. Gen., for appellee.
Carrie Bell Emmons appeals from the Baldwin Circuit Court's denial of her petition for a writ of habeas corpus. She claims that she is being restrained illegally because, she says, she is in custody under a rendition warrant that is not supported by proper documentation. The following facts are relevant to our discussion of this issue.
October 31, 1992--Criminal complaint and affidavit of victim filed in the Circuit Court of Carroll County, Illinois, alleging that the appellant committed the offenses of (1) aggravated battery by striking the victim in the face with her fist and (2) aiding and abetting a child abduction.
October 31, 1992--Warrant of arrest issued in Carroll County, Illinois, for the appellant on the charges of aggravated battery and aiding and abetting a child abduction.
November 30, 1992--Amended information filed in the Circuit Court of Carroll County, Illinois, charging the appellant with (1) child abduction, (2) aggravated battery by spraying the victim with mace, and (3) armed violence.
December 10, 1992--Fugitive from justice affidavit and arrest warrant issued by the District Court of Baldwin County, Alabama, charging the appellant with (1) aggravated battery and (2) aiding and abetting a child abduction. This warrant was nol-prossed before April 9, 1993, the date of the hearing on the petition for a writ of habeas corpus.
December 14, 1992--Petition for a requisition for the rendition of the appellant to the Governor of the State of Illinois filed by the District Attorney of Carroll County, Illinois. This petition was based on the amended information that alleged that the appellant was charged with the offenses of (1) child abduction, (2) aggravated battery, and (3) armed violence.
January 4, 1993--Requisition warrant from the governor of Illinois to the governor of Alabama issued based on charges in the amended information.
March 29, 1993--Governor of Alabama executed a rendition warrant based on charges listed in the amended information.
Although the rendition warrant in this case is technically sufficient, we must examine the supporting documents introduced into evidence. The charging instrument that accompanied the requisition warrant in this case was the amended information. The amended information charged the appellant with 1) child abduction, 2) aggravated battery, and 3) armed violence. The supporting affidavit charged 1) aggravated battery and 2) aiding and abetting a child abduction. There are absolutely no allegations or facts in the affidavit relating to the charge of armed violence. The facts in the affidavit relating to the aggravated battery charge differ from those recited in the aggravated battery count in the amended information. The affidavit states that the appellant committed the offense of aggravated battery by striking the victim in the face with her fist and the amended information charges that the appellant sprayed the victim with mace. "The requirement that the information be supported by affidavit...
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Harris v. State
...California law required a finding of probable cause before an information could be issued. Rayburn, 366 So.2d at 707. In Emmons v. State, 650 So.2d 612 (Ala.Cr.App.1994), we cited Rayburn in holding that while an affidavit supporting an amended information accompanying an extradition demand......