State Ex Rel. Huston v. Clark
| Citation | 163 So. 471,121 Fla. 161 |
| Parties | STATE ex rel. HUSTON v. CLARK, Sheriff. |
| Decision Date | 05 October 1935 |
| Court | United States State Supreme Court of Florida |
En Banc.
Error to Circuit Court, Broward County; George W. Tedder, Judge.
Habeas corpus proceeding by the State, on the relation of James Huston, against Walter R. Clark, as sheriff of Broward county, Fla. To review a judgment remanding petitioner to the custody of the sheriff of Broward county, the petitioner brings error.
Reversed with directions.
COUNSEL Roach & Hoyl, of Fort Lauderdale, for plaintiff in error.
Cary D Landis, Atty. Gen., and Roy Campbell, Asst. Atty. Gen., for defendant in error.
This writ of error is from a judgment in habeas corpus remanding the petitioner to the custody of the sheriff of Broward county. The writ of habeas corpus challenges the sufficiency of a requisition by the chief executive of the state of Ohio made on the chief executive of the state of Florida for delivery of the petitioner to the demanding state.
It is contended here that the affidavit on which plaintiff in error was charged with violating the law of Ohio and upon which the requisition was grounded is void and insufficient on its face and fails to charge a crime against petitioner, that petitioner was denied his constitutional right in not being permitted to prove that he had not committed a felony, that his arrest was illegal, and that the statute (section 12672, General Code of Ohio) under which the affidavit was issued is void and of no force and effect.
The scope of inquiry in a proceeding of this kind is necessarily narrow. It is limited by the Federal Constitution (article 4, § 2, c1. 2) and Act of Congress relating to extradition (18 USCA § 662). In Chase v. State, 93 Fla. 963, 113 So. 103, 54 A. L. R. 271, we held that the court might ascertain whether the prisoner is the person charged, and, if so, whether he is substantially charged with a crime against the law of the demanding state, whether he is a fugitive from justice, and whether the executive warrant of rendition shows that he was bodily in the demanding state at the time the offense was committed.
The court below apparently considered that the rendition warrant issued by the chief executive of this state made out a prima facie case and would not permit the petitioner to go behind it. The rendition warrant issued by the executive of the asylum state is not necessarily conclusive of the sufficiency of the affidavit or that a crime has been charged against the petitioner. Its sufficiency may be inquired into by habeas corpus and should be permitted when challenged for the purpose of determining whether or not the jurisdictional prerequisites essential to its issue were present. Robb v. Connolly, 111 U.S. 624, 4 S.Ct. 544, 28 L.Ed. 542; In re Hubbard, 201 N.C. 472, 160 S.E. 569, 81 A. L R. 547; In re Veasey, 196 N.C. 662, 146 S.E. 599; Kuney v. State, 88 Fla. 354, 102 So. 547; Chase v. State, 93 Fla. 963, 113 So. 103, 54 A. L. R. 271; Mitchell v. Stoutamire, 113 Fla. 822, 152 So. 629; State v. Chase, 91 Fla. 413, 107 So. 541; State v. Taylor, 160 Tenn 44, 22 S.W.2d 222,223; section 5278, U.S. Rev. Stat. (18 USCA § 662).
The affidavit on which the rendition warrant is predicated is as follows:
When the executive warrant of...
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