Schriver v. Tucker
| Citation | 42 So.2d 707 |
| Parties | SCHRIVER v. TUCKER, Sheriff. |
| Decision Date | 08 November 1949 |
| Court | United States State Supreme Court of Florida |
Wm. C. Kaleel and Luke R. Kaleel, St. Petersburg, for appellant.
Richard W. Ervin, Atty. Gen. and George M. Powell, Asst. Atty. Gen., for appellee.
This appeal has been taken from an order of the court below entered in a habeas corpus proceeding, which order remanded the accused, appellant here, to the custody of the Sheriff of Pinellas County, Florida, appellee here. The accused was apprehended by the Sheriff under the authority of a Rendition Warrant issued by the Governor of Florida upon the demand of the Governor of Illinois.
There was attached to said Rendition Warrant an exemplified copy of the indictment filed against the accused in Rock Island County, Illinois, a copy of the capias issued by Rock Island County, Illinois, and a copy of the 'Demand' by the Executive Department of the State of Illinois, authorizing and empowering Claude J. Taylor, as agent of the State of Illinois, to receive the fugitive from the authorities in the State of Florida and convey her to the State of Illinois. There was not attached to said Rendition Warrant a copy of the Requisition from the Governor of Illinois to the Governor of Florida, certifying as authentic the above-mentioned papers.
The Rendition Warrant did, however, recite that demand had been made by the Executive Authority of the State of Illinois to the Executive Authority of the State of Florida for the delivery and surrender of the accused as a fugities from justice from said State of Illinois; and that a copy of the indictment, and warrant, charging the accused with a crime against the laws of said State had been filed with the Executive Authority of the State of Florida, 'certified as authentic by the Executive of said State of Illinois.'
Inasmuch as the law presumes that the chief executive of a State performs his duty, the above recitals of the essential jurisdictional facts were sufficient to justify the apprehension and detention of the accused by the Sheriff, even though the copies of the documents referred to were not attached to the Rendition Warrant or their substance set forth or recited therein. State ex rel. Peck v. Chase, 91 Fla. 413, 107 So. 541. The burden of overcoming the prima facie case made by the Rendition Warrant was upon the accused. Chase, Sheriff, v. State ex rel. Burch, 93 Fla. 963, 113 So. 103, 54 A.L.R. 271.
No testimony was transcribed at the hearing before the court below in the habeas corpus proceedings, and the cause is submitted to this court upon an agreed statement of facts. It appears therefrom that counsel for the accused objected at the hearing to the sufficiency of the papers attached to the Rendition Warrant 'as being insufficient as a predicate for the issuance of a warrant of rendition by the Governor of the State of Florida.' It also appears, from said agreed statement of facts, that during the proceedings below Sheriff Claude J. Taylor, an agent of the State of Illinois, represented that the only papaers he had and the only papers he used at the extradition proceedings in the Governor's office were those attached to the Rendition Warrant, as listed above.
Counsel for the accused contends here, and we agree with such contention, that a Rendition Warrant based upon documents...
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