Pierce v. Holcombe
| Decision Date | 08 September 1953 |
| Docket Number | 1 Div. 652 |
| Citation | 37 Ala.App. 305,67 So.2d 278 |
| Parties | PLERCE v. HOLCOMBE. |
| Court | Alabama Court of Appeals |
Bart B. Chamberlain, Jr., and M. Thomas Murphy, Mobile, for appellant.
Si Garrett, Atty. Gen., for appellee.
Appellant petitioned the Judge of the Circuit Court of Mobile County for a writ of habeas corpus, alleging that he was restrained of his liberty under an extradition warrant issued by the Honorable Gordon Persons, Governor of Alabama.
There was no return of the sheriff in response to the preliminary writ, the record disclosing the following:
'State of Alabama County of Mobile}
'I, the undersigned Carl M. Booth, as Solicitor for the Thirteenth Judicial Circuit of the State of Alabama, do hereby agree and stipulate with said Walter Leon Pierce, as follows:
'Dated this 1 day of May, 1952.
'Carl M. Booth
'Solicitor for the Thirteenth Judicial Circuit of State of Alabama.'
In the proceedings below the following occurred:
'By Mr. Jansen:
'Your Honor, I believe you have in your hands a petition for a writ of habeas corpus and on which the writ was issued and I believe that there is attached to it, I don't have my copy here with me, but I believe that it is an agreement that the question of custody in the Sheriff under this warrant not be heard since the man is detained on a fugitive warrant out of the Inferior Court, which would prevent, of course, the Sheriff making a return on the Governor's warrant, and the State will offer the Governor's warrant in evidence, in the absence of that Sheriff's return at this time. If the Court please, I am attaching to the Governor's warrant a copy of the application for requisition, with verified copies of the affidavit and warrant attached, and also a copy of the demand by the Governor of the State of Florida on the Governor of the State of Alabama.
'The said papers introduced by the State marked as State's Exhibit 1.
* * *
* * *
'True and correct photostatic copies of said State's Exhibit 1 are as follows and are attached hereto:'
The Governor of Alabama's rendition warrant recites:
'Whereas, His Excellency, Fuller Warren, Governor of the State of Florida, by requisition dated the 7th day of April 1952 has demanded of me, as Governor of the State of Alabama, the surrender of Walter Leon Pierce who, it appears, is charged by affidavit and warrant, in the county of Leon in said State, with the crime of non-support of minor child as shown by affidavit and warrant (a duly certified copy of which affidavit and warrant accompanies said requisition) and it appearing that said Walter Leon Pierce has fled from justice in said State and taken refuge in the State of Alabama.'
These are the jurisdictional facts which the Governor is required to find before issuing the warrant, and when the warrant contains such recitals it is sufficient, prima facie, for the prisoner's detention....
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Johnson v. State, 8 Div. 232
...to justify the issuance of the warrants. State v. Freeman, supra; Harris v. State, 257 Ala. 3, 60 So.2d 266; Pierce v. Holcombe, 37 Ala.App. 305, 67 So.2d 278. The request for extradition by the Governor of Georgia reads in pertinent part as 'WHEREAS, It appears by the annexed documents, wh......
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Chavers v. State, 7 Div. 682
...discharged. The cases cited and relied on by petitioner are as follows: Kelley v. State, 30 Ala.App. 21, 200 So. 115: Pierce v. Holcombe, 37 Ala.App. 305, 67 So.2d 278. The requisition of the Governor of Mississippi was in proper form. The absence of an affidavit did not tend to negative th......
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State v. Freeman, 7 Div. 757
...to determine their legal sufficiency to justify the issuance of the warrant. Harris v. State, 257 Ala. 3, 60 So.2d 266; Pierce v. Holcombe, 37 Ala.App. 305, 67 So.2d 278; McGahagin v. State, 41 Ala.App. 236, 131 So.2d The case of Meadows v. State, 38 Ala.App. 319, 82 So.2d 811, is authority......
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Aldio v. State
...Ala.App. 240, 160 So.2d 12; Meadows v. State, 38 Ala.App. 319, 82 So.2d 811; Harris v. State, 257 Ala. 3, 60 So.2d 266; Pierce v. Holcombe, 37 Ala.App. 305, 67 So.2d 278; McGahagin v. State, 41 Ala.App. 236, 131 So.2d The document which the solicitor terms a requisition from the Governor of......