Farrell v. Hawley
| Citation | 61 A. 502,78 Conn. 150 |
| Court | Connecticut Supreme Court |
| Decision Date | 05 July 1905 |
| Parties | FARRELL v. HAWLEY, Sheriff. |
Appeal from Court of Common Picas, Fairfield County; Howard J. Curtis, Judge.
Habeas corpus by James A. Farrell against Sidney E. Hawley, as sheriff, to procure plaintiff's discharge from custody. From an order remanding plaintiff, he appeals. Affirmed.
The return of the sheriff showed that the plaintiff was held under a warrant from the Governor of Connecticut directing his arrest as a fugitive from justice in response to an executive requisition from the Governor of New York, and delivery to an agent of that state. The crime for which he was there charged was rape in the second degree. His reply, to which there was a demurrer, was that he was neither physically nor constructively present in the state of New York at the time of the alleged rape, and that no legal hearing or other judicial proceeding to ascertain whether he was a fugitive from justice was had before the Governor of Connecticut, or before any person or court competent to hear and determine such question, prior to the issue of the warrant.
Jeremiah D. Toomey, Jr., and Frederic A. Bartlctt, for appellant. William B. Boardman, for appellee.
BALDWIN, J. (after stating the facts). By Rev. St. U. S. § 5278 [U. S. Comp. St. 1901, p. 3597], whenever the executive authority of any state demands any person as a fugitive from justice of the executive authority of any other state to which such person has fled, and produces a copy of an indictment found, or an affidavit made before a magistrate charging the person demanded with having committed a crime, which copy is certified as authentic by the Governor of the state from whence the person so charged has fled, it shall be the duty of the executive authority of the state to which such person has fled to cause him to be arrested and delivered to the agent who may be appointed to receive him by the authorities of the demanding state. Under this statute no hearing before the Governor to whom the requisition is addressed and no notice to the person charged with crime is required as a preliminary to the issue of a warrant for his arrest and surrender. Munsey v. Clough, 196 U. S. 364, 372, 25 Sup. Ct. 282, 49 L. Ed. 515. The Governor, however, should, before issuing it, be satisfied that there is probable cause to believe that at the time when it is charged that the crime was committed such person was within the state from which the requisition proceeds. Hyatt v. Corkran, 188 U. S. 691, 709, 23 Sup. Ct. 456, 47 L. Ed. 657. The warrant issued by the Governor of this state, after stating that the Governor of New York has represented to him that the plaintiff. having been charged with rape committed in that state, has fled from justice into this state, contains these recitals: "And whereas, the said representation and demand is accompanied by properly attested copies of the proceedings in said state of New York against the said James Farrell, and with the proper affidavits of witnesses, whereby the said James Farrell is charged with the said crime, and with having fled from said state, and taken refuge in the state of Connecticut, which said proceedings are certified by the said Governor of New York to be duly authenticated; and whereas, I find that said demand is conformable to law, and ought to be complied with." Gen. St. 1902, § 1566, provides that when a demand of this nature is made upon the Governor he may request any prosecuting officer to investigate the ground for it, "and report to him the situation and circumstances of the person so demanded, and whether he ought to be surrendered; and if the Governor shall find that such demand is conformable to law and ought to be complied with, he shall issue his warrant" for the arrest and surrender. By section 1567 no person arrested on such a warrant is to be surrendered until he has been informed of the demand made for it and of the crime charged, and has had an opportunity to apply for a writ of habeas corpus. Upon such a writ he will be entitled to a discharge if the Governor had no jurisdiction to direct his arrest or surrender. There would be no jurisdiction if the person whose surrender was asked were not a fugitive from justice; and he could not be such a fugitive unless he was in the state from which the demand...
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