In re Veasey
| Decision Date | 20 February 1929 |
| Docket Number | 94. |
| Citation | 146 S.E. 599,196 N.C. 662 |
| Parties | In re VEASEY. |
| Court | North Carolina Supreme Court |
Appeal from Superior Court, Bertie County; Clayton Moore, Special Judge.
In the matter of M. M. Veasey applying for habeas corpus. To review the order of discharge the state of Georgia and the state of North Carolina apply for certiorari. Affirmed.
Error if any, in assigning reason for discharge of one held under extradition warrant, held not reversible, in view of record.
Application by the state of Georgia and the state of North Carolina for certiorari to review judgment of Moore, special judge rendered June 16, 1928, in the superior court of Bertie county, on return to writ of habeas corpus in which M. M Veasey, sought to be held as a fugitive from justice from the state of Georgia, was discharged from custody, it being found upon the hearing, in substance, (1) that the prosecution was not instituted in good faith, but for the purpose of collecting a debt, (2) that the accused had committed no crime in the state of Georgia, and (3) that he was not a fugitive from the justice of said state.
It appears from the record that the petitioner, M. M. Veasey, was arrested on a warrant issued by P. T. Perry, a justice of the peace of Bertie county, charging him, under C. S. § 4550, with having uttered a worthless check in the state of Georgia, contrary to the criminal laws of that state, and with being a fugitive from the justice of said state.
Pending a hearing upon said warrant, the defendant therein sued out a writ of habeas corpus to test the validity of his arrest and restraint of liberty, and "while in the process of this (habeas corpus) hearing, J. W. Cooper, Sheriff of Bertie County, in open court, served extradition warrant, issued by the Governor of North Carolina, upon the same charge as contained in the said warrant of P. T. Perry, justice of the peace," etc.
To review the order of discharge, upon the grounds above stated, application for writ of certiorari was duly filed in the Supreme Court, and writ ordered to issue.
D. G. Brummitt, Atty. Gen., and Frank Nash, Asst. Atty. Gen., for the State of North Carolina.
J. Elmer Long, of Durham, for the State of Georgia.
Craig & Pritchett and J. B. Davenport, all of Windsor, for M. M. Veasey.
The petitioner, M. M. Veasey, was arrested under C. S. § 4550, which provides that any justice of the Supreme Court, or any judge of the superior court or of any criminal court, or any justice of the peace, or mayor of any city, or chief magistrate of any incorporated town, on satisfactory information laid before him that any fugitive or other person in the state has committed, out of the state and within the United States, any offense which, by the law of the state in which the offense was committed, is punishable either capitally or by imprisonment for one year or upwards in any state prison, has full power and authority, and is required, to issue a warrant for such fugitive or other person, and commit him to any jail within the state for the space of six months, unless sooner demanded by the public authorities of the state wherein the offense may have been committed, pursuant to the act of Congress in that case made and provided, and, if no such demand be made within that time, the person arrested is entitled to be liberated, unless sufficient cause be shown to the contrary.
It was on a warrant, issued by virtue of this statute, that the petitioner was held at the time he sued out a writ of habeas corpus.
Upon the findings made by his honor below and the conclusions drawn therefrom, we are of opinion that no error was committed in the order of discharge from arrest under the warrant issued by P. T. Perry, justice of the peace.
It appears, however, that during the habeas corpus proceeding the sheriff of Bertie county, in open court, served upon the petitioner an...
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