Kelly v. Mangum

• Decision Date: 12 April 1916
• Docket Number: (No. 335.)
• Citation: 88 S.E. 556,145 Ga. 57
• Parties: KELLY. v. MANGUM, Sheriff.
• Court: Georgia Supreme Court

145 Ga. 57

88 S.E. 556

KELLY.

v.MANGUM, Sheriff.

(No. 335.)

Supreme Court of Georgia.

April 12, 1916.

(Syllabus by the Court.)

Error from Superior Court, Fulton County; J. B. H. Hill, Judge.

Application by J. P. Kelly for writ of habeas corpus to C. W. Mangum, Sheriff. Application denied, and applicant brings error. Affirmed.

Kelly applied for a writ of habeas corpus, alleging that he was illegally restrained of his liberty by Mangum, the sheriff of Fulton county, Ga., the pretense for his detention being a warrant issued by the Governor of Georgia upon a requisition purporting to have been issued for the applicant under the name of Samuel Raymon, alias Oakland Sam-mie. Two reasons were alleged why the detention was illegal: First, because the applicant was not the person demanded by the requisition; and second, because the applicant was not a fugitive from justice of the demanding state, in the state of Georgia, as provided by the Constitution and laws of the United States. On the return of the writ the case was submitted to the presiding judge upon a stipulation of facts, in substance, as follows: Kelly was brought into the state of Georgia to the United States penitentiary at Atlanta, by a deputy marshal of the United States, under a commitment from a district court of the United States for the middle district of Alabama, to serve a sentence of two years under a conviction for robbing a post office. Upon the release of the applicant from the penitentiary, he was immediately rearrested under a warrant issued by the Governor of Georgia upon a requisition from the state of Missouri, and was held by the sheriff under such warrant, when application was made for the writ. The presiding judge denied the application, and remanded the applicant to the custody of the sheriff. The applicant excepted.

Lamar Hill, of Atlanta, for plaintiff in error.

A. L. Ivey, Hugh M. Dorsey, E. A. Stephens, and J. Walter Le Craw, all of Atlanta, for defendant in error.

LUMPKIN, J. (after stating the facts as above). [1, 2] The allegation of mistaken identity was not urged. It was not denied that the plaintiff in error was a fugitive from justice from the state of Missouri. But it was contended that, as he was brought from Alabama to Georgia by a deputy marshal, under a commitment of a United States district court of Alabama, and placed in the United States penitentiary to serve a sentence for a crime of which he had been convicted, he did not flee into the state of Georgia, and could not be held under a warrant in this state for the purpose of extradition to Missouri. Section 2, art. 4, of the Constitution of the United States contains the following provision:

"A person charged in any state with treason, felony, or other crime, who shall flee from justice, and be found in another state, shall on demand of the executive authority of the state from which he fled, be delivered up to be removed to the state having jurisdiction of the crime."

Section 5278 of the Revised Statutes of the United States (U. S. Comp. St. 1913, § 10126) is as follows:

"Whenever the executive authority of any state or territory demands any person as a fugitive from justice, of the executive authority of any state or territory to which such person has fled, and produces a copy of an indictment found or an affidavit made before a magistrate of any state or territory, charging the person demanded with having committed treason, felony, or other crime, certified as authentic by the Governor or chief magistrate of the state or territory from whence the person so charged has fled, it shall be the duty of the executive authority...