State ex rel. Johnson v. Mainard

• Decision Date: 10 June 1949
• Citation: 221 S.W.2d 531,188 Tenn. 501
• Parties: STATE ex rel. JOHNSON v. MAINARD, Chief of Police, et al.
• Court: Tennessee Supreme Court

221 S.W.2d 531

188 Tenn. 501

STATE ex rel. JOHNSON v. MAINARD, Chief of Police, et al.

Supreme Court of Tennessee.

June 10, 1949

Error to Circuit Court, Madison County; Mark A. Walker, Judge.

Habeas corpus proceeding by the State, on the relation of Albert Lee Johnston, against Robert Mainard, chief of police, and others. From the judgment, the relator appeals in error.

Affirmed.

Martin Exum, Jackson, Henry Etheridge, Jr., Jackson, for plaintiff in error.

Nat Tipton, Assistant Attorney General, for defendant in error.

PREWITT Justice.

This appeal is from the judgment of the circuit judge of Madison County, dismissing the petition for habeas corpus filed by relator Johnson against respondent, Robert Mainard, Chief of Police of the City of Jackson, to test the validity of a warrant for his extradiction to Cook County, Illinois, on a criminal charge generally known as a confidence game, committed on September 17, 1947. The petition seeks to avoid extradiction on the ground that relator was not in Illinois on or about that date.

In support of his contention, relator undertook to prove that he was not in Illinois on said date. He testified that he was in Jackson during the week beginning September 17, 1947; that this was the week the Negro Fair was being held in Jackson that he attended the Fair every night, and upon one occasion he talked to Captain Cole of the Jackson Police Department.

The witness Jones, a white auto repair man, testified that from his records relator brought his car to his repair shop on September 19, and that he had come to his shop occasionally before that time. The witness Cox, who works for Jones, also testified that relator came to the shop several times to see about his car. The witness Granverry testified that he worked for a drugstore as a delivery boy and he saw relator when he delivered some medicine to his home on September 18, fixing the date by the fact that it was his birthday. The witness Turner, who was running 'penny pitch for a fellow by the name of Bozo,' testified that she saw relator every night during Fair week. The witness Glass testified that he went to the Fair on the nights of September 16, 17 and 18, and that he saw relator there on each of these nights. The witness Lanier testified that he had a heart attack at the Fair on Wednesday night, September 17, and the relator helped him to get a ride home. The witness Williamson testified that she saw relator at the Fair on Wednesday afternoon and night, fixing the date by the fact that it was 'Children's Day.' Relator's sister, Lily Johnson, testified that he was at the home of their mother during the month of September, and the witnesses Theus and Rice testified that they saw relator at night at the Fair.

The State introduced respondent, Robert Mainard, who testified that he went all over the fairgrounds on Wednesday night, as well as Thursday and Friday nights, and that he did not see relator; that he and his officers had orders to pick up relator on sight, and had he seen him (relator) he would have arrested him. Captain Cole, with whom relator claimed to have talked in the presence of Chief Mainard, testified that he was covering the Negro Fair and was there every night and he did not see relator there; that he was on the lookout for relator and would have arrested him had he seen him. Sergeant Marcum testified that he worked four nights at the fairgrounds during the week of the Fair and did not see relator, and would have arrested him had he seen him.

'The issuance of the warrant of extradition by the chief executive of this state creates a prima facie case that the petitioner was lawfully charged with a crime in the demanding state and that he was a...