Harris v. State, 4 Div. 267
Decision Date | 30 August 1955 |
Docket Number | 4 Div. 267 |
Citation | 82 So.2d 439,38 Ala.App. 284 |
Parties | Cecil HARRIS v. STATE. |
Court | Alabama Court of Appeals |
J. N. Mullins, Dothan, for appellant.
Si Garrett, Atty. Gen., and Robt. P. Bradley, Asst. Atty. Gen., for the state.
This is an appeal from the judgment of the Probate Court of Houston County denying appellant, Cecil Harris, a discharge on habeas corpus and remanding him to the custody of the Sheriff of Houston county to be delivered to the authorized agent of the State of Florida.
The appellant was arrested by the Sheriff of Houston County, Alabama, under a warrant issued by the Governor of Alabama upon a requisition of the Governor of Florida. The warrant of the Governor of Alabama reads in part
At the hearing before the probate court appellant sought to show that he was being extradited for the collection of a debt and not for the crime of passing worthless checks. He relies on the provisions of Section 68, Title 15, Code 1940:
'Nothing in this chapter shall be construed as authorizing the extradition of any person in this state to any other state where the extradition proceedings, directly or indirectly, seek to aid in the collection of any debt, demand or claim against the party sought to be extradited.'
Appellant testified in his own behalf as follows:
Appellant's father, J. I. Harris, testified that he heard Alton Bradley ask appellant to give him a check for what he owed him; that appellant told Bradley that he did not have any money in any bank; that Alton Bradley then told appellant to give him the check to hold as security and appellant could pay along on it; that appellant worked for Bradley about two months after he gave him the check.
Herbert O. Marshall, Sheriff of Franklin County, Florida, testified in response to a question by defense counsel that he told one of the deputies of Houston County that he did not want to take Cecil Harris back to Florida; that the only thing he wanted was for him to pay that debt.
Sheriff Marshall further testified that 'Cecil Harris owed Alton Bradley another check or two checks and an open account also'; that the total was about $670 and 'that they did not want to hurt Cecil Harris but that the only thing they wanted was for him to pay that debt'; that 'Alton Bradley's property might be selling at public auction today as he would certainly have to raise some money all on the account of the fact he had trusted people like Cecil Harris'; that Cecil Harris had paid $120 on the debt after giving the check and had given him (Marshall) a $25 money order to apply to further payment on the debt.
The record shows that at the close of the testimony the judge announced that he would give Cecil Harris until 3:00 o'clock that afternoon to pay the debt or make arrangements for payment; that if he failed to do one or the other, the judge would, at 3:00 P.M., deny the writ of habeas corpus and remand Harris to the custody of the sheriff.
At 3:00 P.M. the judge asked Sheriff Marshall if any settlement had been made, and Mr. Marshall answered, 'No.' Thereupon...
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Warner v. State
...the final judgment was adverse to petitioner. In Hobbs as well as in Chatham v. State, 46 Ala.App. 729, 248 So.2d 768; Harris v. State, 38 Ala.App. 284, 82 So.2d 439; King v. State, 36 Ala.App. 368, 56 So.2d 379; Stubblefield v. State, 35 Ala.App. 419, 47 So.2d 662; and Scott v. State, 33 A......
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Chatham v. State, 1 Div. 126
...See also Stubblefield v. State, 35 Ala.App. 419, 47 So.2d 662; King v. State, 36 Ala.App. 368, 56 So.2d 379; and Harris v. State, 38 Ala.App. 284, 82 So.2d 439. The judgment of the trial court is reversed and a judgment is here rendered discharging the Reversed and rendered. ...