Hagamaker v. State
| Decision Date | 19 January 1978 |
| Docket Number | 8 Div. 27 |
| Citation | 354 So.2d 851 |
| Parties | Larry Emens HAGAMAKER v. STATE. |
| Court | Alabama Court of Criminal Appeals |
Lewis H. West, Decatur, for appellant.
William J. Baxley, Atty. Gen., and L. G. Kendrick, Asst. Atty. Gen., for the State.
This is an appeal from the judgment of the Circuit Court of Morgan County, Alabama, denying appellant's petition for a writ of habeas corpus. He was in the custody of the Sheriff of Morgan County under a rendition warrant issued by Honorable George C. Wallace, Governor of Alabama, at the request of Honorable Ed Herschler, Governor of Wyoming.
The rendition warrant recites that appellant is charged by complaint in the County of Laramie in said State with the crime of murder in the first degree. The rendition warrant fails to comply with the requirements of Title 15, Section 52, Code of Alabama 1940, § 15-9-33 Code of 1975. It is necessary for the issuance of a warrant in such cases that the accused is "lawfully charged by indictment or by information filed by a prosecuting officer and supported by affidavit as to the facts, or by affidavit made before a magistrate in that state, with having committed a crime under the laws of that state, or that he has been convicted of crime in that state and has escaped from confinement or broken his parole." Beasley v. State, 43 Ala.App. 247, 187 So.2d 806; Watson v. State, 30 Ala.App. 184, 2 So.2d 470; Smith v. State, 45 Ala.App. 125, 226 So.2d 668; Lofton v. State, 46 Ala.App. 229, 239 So.2d 901.
Title 15, Section 54, Code of Alabama 1940, § 15-9-35, Code of 1975, requires the warrant must substantially "recite the facts necessary to the validity of its issue."
The return of the Sheriff states:
'Now comes Van Ward, Sheriff of Morgan County, Alabama, to whom the writ of Habeas Corpus in this case was directed, and who has been duly served therewith, and for return to said writ shows to the Court that he detains and holds the said Larry Emens Hagamaker by virtue of an executed rendition warrant issued by George C. Wallace, Governor of Alabama and accompanying State of Wyoming Certified Requisition with attached exhibits and certifications, a correct copy, marked Exhibit(s) 'A' is attached hereto and incorporated herein as though set out in full. And he 'Dated at Decatur, Alabama, this the 2nd day of November, 1977.
herewith produces the body of the said petitioner and submits him to the jurisdiction of the Honorable Tom B. Coggin, Judge of the Circuit Court of Morgan County, Alabama, the Judicial Officer issuing the Writ in this case.
/s/ Van Ward
'State of Alabama
'Before me, Sarah Deason, a Notary Public in and for said County, in said State, this 2nd day of November, 1977, personally appeared Van Ward, who being first by me duly sworn, doth depose and say that the facts contained herein are true.
/s/ Sarah Deason
Notary Public'
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. Aldio v. State, 44 Ala.App. 303, 208 So.2d 212; Lofton v. State, supra; Harris v. State, 257 Ala. 3, 60 So.2d 266; Martin v. State, 50 Ala.App. 1, 276 So.2d 149; Tyner v. State, Ala.Cr.App., 346 So.2d 493.
The allied papers in this case include the following:
1. A Certification by Thyra Thomson, Secretary of the State of Wyoming, under the Seal of that State, in words and figures as follows:
'DEPARTMENT OF STATE
'I, Thyra Thomson, do hereby certify as follows:
'That I am the duly elected, qualified and acting Secretary of State of Wyoming, and as such, and by virtue of the laws of said state, the keeper of its Great Seal and the custodian of the record of its laws;
'That the Honorable Ed Herschler whose name appears affixed to the foregoing papers on which it appears was at the time of the affixing of the same the duly elected, qualified and acting Governor of the State of Wyoming; that I am well acquainted with his handwriting and verily believe his said signature thereto, to be genuine.
'That I have carefully compared the copy of the laws of the State of Wyoming hereto attached, with the original thereof now of record in my office, and that said copy is a true and correct copy of said originals, and of each and every part thereof.
'IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Great Seal of the State of Wyoming at the City of Cheyenne, Wyoming, this 14th day of OCTOBER, 1977.
/s/ Thyra Thomson
(SEAL)
Secretary of State.
'FILED IN OFFICE
OCT 28 1977
/s/ Cleo D. Teague
CLERK'
2. An Application by Thomas J. Carroll, the Prosecuting Attorney of Laramie County, Wyoming, to the Governor of Wyoming, which reads as follows:
'THE APPLICATION OF Thomas J. Carroll, County and Prosecuting Attorney of Laramie County, Wyoming, respectfully represents:
'That LARRY EMENS HAGAMAKER stands charged, as appears by the annexed certified copy of complaint with the crime of first degree murder committed in the County of Laramie, State of Wyoming, on or about the 28th day of January, A.D. 1975; said crime having been committed as follows (state facts showing how crime was committed):
'Defendant continuously and maliciously beat the victim, Tina Ann Hagamaker over an extended period of time and kept the victim confined to the family home locked in a closet; victim was the ten year old daughter of the Defendant; on the 28th day of January, 1975, the Defendant inflicted a severe beating on the victim; victim thereafter became ill, complained of dizziness and died; Defendant buried the body of the victim under the floor of a shed for approximately four months and then did remove the body, burn it, and scatter the remains, that the said Larry Emens Hagamaker was in the said County and State at the time of the commission of said offense; that before an arrest could be made, to-wit, on or about the 11th day of October, A.D. 1977, he fled from the State of Wyoming, and is now, as your applicant verily believes, in the City (Town) of Decatur, County of Morgan, State of Alabama, a fugitive from the justice of this State, said belief being founded on the following information, to-wit:
'Telephone conversations with Sheriff Van Ward from Morgan County, Alabama that the Defendant, Larry Emens Hagamaker is in the Morgan County Jail, Alabama, being held in connection with this crime.
'I hereby certify that in my opinion the ends of public justice require the arrest and return of the accused to the State of Wyoming for trial at public expense; that I am willing that such public expense shall be a charge on said County of Laramie in which the crime was committed; that I have carefully examined into the facts and verily believe that I have sufficient evidence to secure the conviction of said fugitive; that the offense charged and the punishment therefor is defined in Section 6-54.1 Wyoming Statutes, 1957, as amended; that this proceeding is not instituted to enforce a private claim or for any other purpose than said prosecution; that all papers submitted with this application have been compared, are in duplicate, and are in all respects exact counterparts; that ther is hereto attached, marked 'Exhibit 1', and hereby made a part hereof, a true and correct copy of said Complaint with all endorsements and filings thereon; that there is likewise hereto attached, marked 'Exhibit 2', and hereby made a part hereof, a true and correct copy of the warrant of arrest issued on said Complaint together with all endorsements and filings thereon; that there is likewise hereto attached, marked 'Exhibit 3', and made a part hereof, a copy of the statute Very respectfully.
upon which the charge against the accused is based; that application for the arrest and return of said fugitive has not sooner been made because of the fact that the whereabouts of said fugitive were not sooner ascertained; and to the end that said fugitive may be returned in accordance herewith, I hereby recommend Dennis Flynn, the duly elected qualified and acting Sheriff of Laramie County, in the State of Wyoming, as a proper person to be appointed agent of the State, and certify that he has no personal or private interest in the arrest and return of said fugitive other than the proper performance of his official duty.
'On this 11th day of October 1977, personally appeared before me Thomas J. Carroll the applicant named in the foregoing application, who being duly sworn, did depose and say that he has read the foregoing application by him subscribed, and knows the contents thereof, and that the same is true of his own knowledge, excepting as to matters therein stated on information and belief, and as to those matters he believes it to be true.
/s/ Deanna Groh
'Subscribed and sworn to before me this 11th day of October, 1977.
'by Thomas J. Carroll.
/s/ Deanna Groh
'FILED IN OFFICE
OCT 28 1977
/s/ Cleo D. Teague
CLERK'
3. The following affidavit of Thomas J. Carroll, the complaining witness:
'Thomas J. Carroll, being first duly sworn according to law, deposes and says:
'That I am the complaining witness on the part of the State of Wyoming in the prosecution of one LARRY EMENS HAGAMAKER now a fugitive from the justice of the State of Wyoming, and the person named in the accompanying application for requisition; that on or about the 28th day of January, A.D. 1975, in the County of Laramie, State of Wyoming, the said Larry Emens Hagamaker did unlawfully, feloniously, purposely, and with 'That the foregoing application for requisition is not made for the purpose of enforcing the collection of a...
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Rayburn v. State, 3 Div. 894
...void the warrant though it would have been insufficient to merely state that the prisoner was charged by complaint. Hagamaker v. State, 354 So.2d 851 (Ala.Cr.App.1978); Lofton v. State, 46 Ala.App. 229, 239 So.2d 901 (1970). The rendition warrant being sufficient, it was prima facie evidenc......
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Cramer v. State
...149 (1973); Harris v. State, 257 Ala. 3, 60 So.2d 266 (1951); Lofton v. State, 46 Ala.App. 229, 239 So.2d 901 (1970); Hagamaker v. State, 354 So.2d 851 (Ala.Cr.App.1978). Appellant's argument on this point is not well taken. Even if the warrant is defective, it can be cured if accompanied b......
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