Martin v. State
| Decision Date | 03 April 1973 |
| Docket Number | 1 Div. 401 |
| Citation | 50 Ala.App. 1,276 So.2d 149 |
| Parties | Newt MARTIN v. STATE. |
| Court | Alabama Court of Criminal Appeals |
William J. Baxley, Atty. Gen., and Otis J. Goodwyn, Jr., Asst. Atty. Gen., for the State.
This is an appeal from the judgment of the Circuit Court of Mobile County denying appellant's petition for a writ of habeas corpus and was submitted on briefs in this Court on March 26, 1973.
Appellant is now being held by Honorable Ray D. Bridges, Sheriff of Mobile County, under a rendition warrant issued by Honorable George C. Wallace, Governor of Alabama, at the request of Honorable John J. McKeithen, Governor of Louisiana.
The rendition warrant recites that appellant is charged by Copies of Court Record, in the Parish of Orleans in said State, with the crime of escape (a duly certified copy of which copies of Court Record accompanies said requisition). This fails to comply with the requirements of Title 15, Section 52, Code of Alabama 1940. 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.' 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, requires that 'the warrant must substantially recite the facts necessary to the validity of its issue.'
The return of the sheriff recites:
'Comes now the Respondent, Ray D. Bridges, Sheriff of Mobile County, Alabama, by and through Charles R. Butler, Jr., District Attorney for the Thirteenth Judicial Circuit of Alabama, and for answer to the petition for Writ of Habeas Corpus alleges that Petitioner is presently confined in the Mobile County Jail pursuant to warrants of the Governor of the State of Louisiana and the Governor of the State of Alabama stating that Newton H. Martin was confined to the Louisiana State Penitentiary and on February 6th, 1972 did escape from said confinement At the hearing on the petition, the state introduced the rendition warrant of the Governor of Alabama and the requisition warrant from the Governor of Louisiana. The requisition warrant from the Governor of Louisiana contains nothing more than the designation of an agent to receive appellant upon his deliverance from the authorities of the State of Alabama. If this was all, the writ should have issued and petitioner put 'on the ground', but there was more.
and has fled from that State to the State of Alabama. A copy of said Governors' warrants along with copy of the Application for Requisition and Warrant from the Parish of Orleans, State of Louisiana will be filed forthwith.'
Title 15, Section 50, Code of Alabama 1940, provides as follows:
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.
The allied papers in this case include the following:
(1) A document from Murray Henderson, Warden, Louisiana State Penitentiary, stating that appellant was convicted at the Fall Term of the Criminal Court of Orleans Parish of the crime of armed robbery and sentenced to the State Penitentiary for a period of twenty-five (25) years, and that he escaped from said penitentiary on the 6th day of February, 1972, contrary to the laws of that State, still having twenty (20) years, seven (7) months and twenty-four (24) days of said sentence to serve.
This document was addressed to any lawful officer of said State to retake Newton H. Martin, LSP65810 and forthwith return him to the penitentiary at Angola to complete his sentence and was sworn to before John Rebalc, sic, Notary Public, Parish of West Feliciana, State of Louisiana.
(2) Petition of Jack P. F. Gremillion, Attorney General of the State of Louisiana, to the Governor of Louisiana, for the issuance of a requisition and warrant for the extradition of appellant, a fugitive from justice, who has taken refuge in the State of Alabama, stating, inter alia, that appellant on September 29, 1967, was by process of law, in the Criminal District Court, Section B Judicial District, in and for the Parish of Orleans, State of Louisiana, cause number 200--274, adjudged guilty of the crime of armed robbery, a felony, and sentenced to serve twenty-five (25) years at hard labor in the Louisiana State Penitentiary, all as shown by certified copies of the record of said Court, attached to said petition. Further stating that he was committed to the penitentiary on October 24, 1967, and escaped therefrom on or about February 6, 1972, and has never been returned to the (3) The Attorney General in said petition further requested that requisition and warrant be issued for the extradition of appellant from the State of Alabama, in conformity with the laws of the United States and the States concerned, and that Mr. Robert Bryan, Chief of Security, be designated as the agent of Louisiana to receive the person of said fugitive from the State of Alabama and return him to that jurisdiction to serve out his sentence in said penitentiary according to law.
custody of the penitentiary to serve out the sentence, and that according to information and belief is presently held by the Police Department, in the City of Mobile, State of Alabama, as a fugitive from justice.
(4) Further stating that the agent, Robert Bryan, Chief of Security, is the proper person and has no private interest in the return of said fugitive to that jurisdiction.
(5) Further, this proceeding is not undertaken to enforce the collection of a debt, or to effect the return of the fugitive in order to serve him in any civil proceedings or other action, save that set forth in said petition, or for any private or improper purposes whatever.
Attached to the petition of the Attorney General is a certificate from J. B. Rabalais, in his official capacity as Record Clerk and legal custodian of records of Louisiana State Penitentiary, certifying that attached thereto, are true and exact copies of the document of commitment, photographs, and fingerprints relative to one Newton H. Martin, a former inmate of that institution, subscribed and sworn to on 3/2/72.
Also, a certificate of C. Murray Henderson, in his official capacity as Warden of the Louisiana State Penitentiary attesting that J. B. Rabalais is the Record Clerk of said penitentiary and as such is the official custodian of the records, and was subscribed and sworn to on 3/2/72.
Also, a certificate of Wade O. Martin, Jr., Secretary of the State of Louisiana, certifying that C. Murray Henderson is the Warden of the Louisiana State Penitentiary, and that J. B. Rabalais is the Records Clerk of said penitentiary, and that as such is the official custodian of the records of that institution, and was subscribed and sworn to on 3/13/72, and his official Seal as Secretary of State was affixed thereto.
Among the allied papers is a fugitive warrant issued by C. Murray Henderson, Warden, Louisiana State Penitentiary, reciting that Prisoner Number 65810, Newton H. Martin, who was by due process of law, in the Criminal District Court, Section B, in and for the Parish of Orleans, State of Louisiana, on September 29, 1967, adjudged guilty of the crime of armed robbery, a felony, and was sentenced to a term of twenty-five (25) years hard labor at the Louisiana State Penitentiary; that he was only committed to said penitentiary on October 24, 1967. That or or about February 6, 1972, the said Newton H. Martin escaped from said penitentiary and fled to another jurisdiction, and that he had not served out his sentence according to law, and that in the best knowledge and belief of affiant, the said Newton H. Martin, is presently being held by the Police Department in the City of Mobile, Alabama, as a fugitive from justice.
Further,
'That as Warden, of the Louisiana State Penitentiary the said C. Murray Henderson, does now issue this declaration in the form prescribed by law and does command that the said Newton H. Martin, be apprehended and held by any peace officer as a fugitive from justice, pending his extradition and removal to this jurisdiction 'Signed at Angola, Louisiana, on 3--2, 1972.
by due process of law, to serve out his sentence in the Louisiana State Penitentiary according to law.
'/s/ C. Murray Henderson
'WARDEN, LOUISIANA STATE PENITENTIARY
'Subscribed and sworn to before me
/s/ William G. Bennett
'JUDGE of the 20th Judicial District Court in and for the Parish of West Feliciana, St. Francisville, State of Louisiana.
'This 2 day of Mar 1972.
'STATE OF LOUISIANA
'PARISH OF WEST FELICIANA
'I, Ruth Daniel, Clerk of the 20th Judicial District Court in and for the Parish of West Feliciana, State of Louisiana, do hereby certify that C. Murray Henderson, whose genuine signature is affixed to the foregoing declaration, is and was at the...
To continue reading
Request your trial
-
Mozingo v. State
... ... Alabama's version of the act, on the other hand, addresses both contingencies. The outcome is no different, though, because the courts of this state have made clear that one is deemed "charged" with a crime both before and after he has been convicted. Martin v. State, 50 Ala.App. 1, 276 So.2d 149, 156 (1973); Johnson v. State, 45 Ala.App. 40, 42, 222 So.2d 370 (1969) ... 3 The appellant urges this court to adopt the position of the Supreme Court of Maine as enunciated in Lee v. Massie, 447 A.2d 65 (Me.1982). While the facts in Lee are very similar ... ...
-
Warner v. State
...ex rel. Corkran v. Hyatt, 172 N.Y. 176, 189, 64 N.E. 825.' Both Johnson v. State, 45 Ala.App. 40, 222 So.2d 370, and Martin v. State, 50 Ala.App. 1, 276 So.2d 149, are clear to the conclusion that a convict who flees to Alabama before completion of his sentence by the court of the demanding......
-
Hagamaker v. State
... ... 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 ... ...
-
Hester v. State
... ... Moreover, even serious defects in a rendition warrant may be cured by the introduction of a requisition warrant and supporting papers which show the correct facts. See Harris v. State, 257 Ala. 3, 60 So.2d 266 (1951); Martin v. State, 50 Ala.App. 1, 276 So.2d 149 (1973); State v. West, 42 Ala.App. 678, 178 So.2d 182 (1965). The error in the rendition warrant in this case was corrected by the introduction of the requisition warrant and accompanying papers which clearly showed that Hester was charged with burglary and ... ...