Kostal, Application of
| Decision Date | 17 June 1957 |
| Docket Number | Cr. 2781 |
| Citation | 151 Cal.App.2d 739,312 P.2d 280 |
| Court | California Court of Appeals Court of Appeals |
| Parties | Matter of the Application of Albert KOSTAL and Arthur Watson, for Writs of Habeas Corpus. |
Floyd V. Gibbert, Asst. Public Defender, Sacramento, for petitioners.
Edmund G. Brown, Atty. Gen., by Doris H. Maier, G. A. Strader and Lloyd Hinkelman, Deputies Atty. Gen., and J. Francis O'Shea, Dist. Atty., Sacramento County, and Edward McCarthy, Deputy, Sacramento, for respondent.
Petitioners Kostal and Watson are currently in the custody of the Sheriff of Sacramento County pursuant to warrants of extradition issued by the Governor of this State. They petitioned for writs of habeas corpus, claiming that their detention under the extradition warrants is illegal. This court entered an order directed to the sheriff that he show cause for such detention, and, the Attorney General appearing on behalf of respondent, the matter has been briefed, argued and submitted.
Petitioners were sentenced to prison after having been convicted of the crime of robbery in the Superior Court for Los Angeles County. They were delivered into the custody of the Warden of Folsom State Prison. Each petitioner appealed and the appeals are still pending. The Governor of this State, upon request of the Governor of the State of Colorado, issued warrants of rendition authorizing the delivery of petitioners to agents of Colorado. Respondent sheriff, pursuant to the warrants, took custody of petitioners. Petitioners do not challenge the sufficiency of the showing made by the applications for extradition nor do they deny they are fugitives from the justice of the State of Colorado. They do contend that the Governor of this State does not have the power to issue warrants of rendition while they are confined to prison serving sentence and while they are prosecuting appeals from the judgments of conviction.
We have carefully examined the cases cited in support of and in opposition to the validity of the warrants of rendition issued by the Governor of this State and have concluded that the Governor acted within his power in issuing the warrants. Although there is some conflict, the weight of authority clearly preponderates in favor of the right and power of the governor of an asylum state to grant extradition of a fugitive from the justice of a sister state upon a proper demand although at the time the demand is made the fugitive, having...
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Matter of G.C.S.
...will rest with the Mayor. 8. Bearers v. Haubert, 198 U.S. 77, 25 S.Ct. 573, 49 L.Ed. 950 (1905); Application of Kostal, 151 Cal.App.2d 739, 312 P.2d 280 (Cal.3d Dist.Ct.App.1957); People ex rel. Gallagher v. Hagan, 34 Misc. 85, 69 N.Y.S. 475 (Spec.T. [N.Y.Co.] 1901). See generally Comment, ......
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Kostal v. People, 19053
...of that state in ordering the return of defendants to Colorado was approved by the Court of Appeals of California, In re Kostal, 151 Cal.App.2d 739, 312 P.2d 280. Defendants entered pleas of not guilty and the court set the cause for trial December 2, 1957. November 21, 1957, they escaped f......
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Buffalo v. Tanksley
...postpone extradition until he had completed his sentence but could, in his discretion, order extradition. Accord, Application of Kostal, 151 Cal.App.2d 739, 312 P.2d 280 (1957); In re Murphy, 321 Mass. 206, 72 N.E.2d 413 (1947); Koch v. O'Brien, 101 N.H. 11, 131 A.2d 63 (1957); Application ......