Grubbs v. State
Decision Date | 03 October 1978 |
Docket Number | 6 Div. 799 |
Parties | Robert GRUBBS, Jr. v. STATE. |
Court | Alabama Court of Criminal Appeals |
Hiram Dodd, Jr., Birmingham, for appellant.
William J. Baxley, Atty. Gen. and Eugenia D. B. Hofammann, Asst. Atty. Gen., for the State, appellee.
This is an appeal from the judgment of the Circuit Court of Jefferson County denying the appellant's petition for writ of habeas corpus. The appellant is in custody pursuant to a rendition warrant issued by the Governor of Alabama ordering his return to the State of Michigan. In arguing for his release the appellant contends (1) that the allied papers accompanying the requisition warrant are insufficient and do not support the issuance of the rendition warrant and (2) that the appellant proved at his hearing that he was not a fugitive from justice.
The rendition warrant issued by the Governor of this State does not establish a prima facie case of legal detention for it states that the appellant "is charged by complaint and warrant" in the State of Michigan with the crimes of murder in the first degree and armed robbery. Hagamaker v. State, 354 So.2d 851 (Ala.Cr.App.1978); Lofton v. State, 46 Ala.App. 229, 239 So.2d 901 (1970).
When the rendition warrant is defective, as here, and there are allied papers in evidence, we look to them to determine their legal sufficiency to justify the issuance of the rendition warrant. Harris v. State, 257 Ala. 3, 60 So.2d 266 (1951); Aldio v. State, 44 Ala.App. 303, 208 So.2d 212 (1965).
while in the perpetration or attempted perpetration of a robbery did kill and murder one CLIFFORD WILLIAMS, a/k/a 'Snowball', contrary to Sec. 750.316, M.C.L.A.
The supporting papers also contain the statement of Sergeant Schwartz sworn to before the same judge of the Recorder's Court. It recites that Ronald Wade Smith told Sergeant Schwartz, who is in charge of the murder investigation of Clifford Williams, alias Snowball or Junior, that the appellant, Willie B. Washington, and Devery Grubbs robbed and killed Williams and hid his body. The statement recites the facts surrounding the robbery and murder which reveal that the informer, Smith, was present during both the robbery and the actual killing.
The appellant alleges that the complaint is insufficient to support the rendition warrant (1) because it is made by an investigating officer stating information not within his personal knowledge and (2) because there is no affidavit supporting the "information" based on the personal knowledge of the affiant.
A "complaint" in the form of an "affidavit" properly sworn to is sufficient compliance with the 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 below.
at the time said above described mortgage was given, and the said illegal and
unlawful removal of a part of the above described mortgaged personal property
from Buffalo County, Nebraska, was done by the said Darold Dinkelman with the
intent to deprive Midstate Finance Co., owner of said above described
mortgage, of their security, and to defraud them thereby, contrary to the
form of the Statutes in such case made and provided, and against the peace
and dignity of the people of the State of Nebraska.
The present complaint does not contain a statement of facts but alleges only conclusions of law. The affidavit complaint in Dinkelman recited facts.
However the affidavit filed by Sergeant Schwartz does contain facts and does state the source of his information and grounds for his belief which were the subject of the complaint. Therefore the supporting papers properly show that the appellant was substantially charged with having committed a crime in the demanding state.
"Generally, an affidavit based on information and belief is insufficient where it does not give the source of the information or the grounds for the belief; but it has been held that an affidavit on information and belief is sufficient where it states the sources of information and the grounds of belief."
35 C.J.S. Extradition § 14(8) (1960).
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