State ex rel. Ljungdahl v. Sullivan

CourtUnited States State Supreme Court of Florida
Writing for the CourtAuthor: Buford
Citation155 Fla. 817,21 So.2d 713
Decision Date17 April 1945
PartiesSTATE ex rel. LJUNGDAHL v. SULLIVAN, Sheriff.

21 So.2d 713

155 Fla. 817

STATE ex rel. LJUNGDAHL
v.
SULLIVAN, Sheriff.

Florida Supreme Court

April 17, 1945


[155 Fla. 818] Appeal from Circuit Court, Dade County; Marshall C. wiseheart, judge.

G. A. Worley and Jack Kehoe, both of Miami, for appellant.

J. Tom Watson, Atty. Gen., Reeves Bowen, Asst. Atty. Gen., and Fred J. Munder, Dist. Atty. of Suffolk County, of Riverhead, N. Y., and Henry Tasker, Asst. Dist. Atty. of Suffolk County, of Greenport, N. Y., for appellee.

BUFORD, Justice.

Warrant of rendition having been issued by the Governor of Florida in extradition proceedings instituted by the State of New York in re Costa Ljungdahl, the appellant sued out writ of habeas corpus in the Circuit Court of Dade County, Florida, challenging the sufficiency of the involved indictment to substantially charge a criminal offense.

On return and hearing, the Circuit Court remanded petitioner and, thereupon, he perfected his appeal to this Court seeking the reversal of the judgment of remand.

The material part of the indictment is as follows:

'The Grand Jury of the County of Suffolk, by this indictment, accuse Ellen Norma Ljungdahl Scharf and Costa Ljungdahl of the following crime: Subornation of Perjury in the First Degree.

'First Count

'Defendants on or about the 24th day of May, 1943, at Riverhead, Town of Riverhead, Suffolk County, New York, committed the crime of Subornation of Perjury in the First Degree, contrary to Penal Law, Section 1632 [Consol.Laws N.Y.C. 40].'

It appears to be settled beyond question that in extradition proceedings the sufficiency of the indictment is to be tested by the law of the demanding State. If the indictment, though inartificially drawn, substantially charges the alleged fugitive with the commission of a crime under the laws of [155 Fla. 819] the demanding State, it is sufficient. See Pierce v. Creecy, 210 U.S. 387, 28 S.Ct. 714, 52 L.Ed. 1113.

The form of indictment as used in this case has been held sufficient to substantially charge a criminal offense under the laws of the State of New York. See People v. Bogdanoff et al., 254 N.Y. 16, 171 N.E. 890, 69 A.L.R. 1378; People v. Farley, 252 A.D. 811, 298 N.Y.S. 876, affirmed by Court of Appeals, 277 N.Y. 617, 14 N.E.2d 190. [21 So.2d 714]

The judgment is affirmed.

So ordered.

CHAPMAN, C. J., and BROWN and SEBRING, JJ., concur.

CHAPMAN, Chief Justice (concurring specially).

The legal sufficiency of an indictment among...

To continue reading

Request your trial
4 practice notes
  • State ex rel. White v. Kelly, No. 58-264
    • United States
    • Court of Appeal of Florida (US)
    • December 2, 1958
    ...v. Allen, 83 Fla. 655, 92 So. 155, 157; Chase v. State, 93 Fla. 963, 113 So. 103, 107, 54 A.L.R. 271; State ex rel. Ljungdahl v. Sullivan, 155 Fla. 817, 21 So.2d 713; accord, Kelly v. State ex rel. Curry, Fla.1956, 92 So.2d 172, CARROLL, CHAS., C. J., HORTON, J., and BARNS, PAUL D., Associa......
  • City of Tallahassee v. Roberts
    • United States
    • United States State Supreme Court of Florida
    • April 17, 1945
    ...much. I was hurting pretty bad. It was in the Northwest end of town. Seems like riding on the truck, the wind keep me from being so sick. [155 Fla. 817] 'Q. Were you sleeping in the fire station? A. Yes sir. 'Q. You jumped out of bed at the sound of the alarm? A. Yes sir. 'Q. Did you notice......
  • Sullivan v. State ex rel. Pardew
    • United States
    • United States State Supreme Court of Florida
    • April 13, 1951
    ...with the following paragraph: 'The judgment appealed from is accordingly reversed on authority of State ex rel. Lungdahl v. Sullivan, 155 Fla. 817, 21 So.2d 713 and like cases. Reversed.' [49 So.2d 800, We are confronted with a motion to recall the mandate, issued January 22, 1951, and clar......
  • Sullivan v. State ex rel. Pardew
    • United States
    • United States State Supreme Court of Florida
    • January 5, 1951
    ...like this. Page 801 The judgment appealed from is accordingly reversed on authority of State of Florida ex rel. Ljungdahl v. Sullivan, 155 Fla. 817, 21 So.2d 713 and like Reversed. ADAMS, C. J., and THOMAS and ROBERTS, JJ., concur. ...
4 cases
  • State ex rel. White v. Kelly, No. 58-264
    • United States
    • Court of Appeal of Florida (US)
    • December 2, 1958
    ...v. Allen, 83 Fla. 655, 92 So. 155, 157; Chase v. State, 93 Fla. 963, 113 So. 103, 107, 54 A.L.R. 271; State ex rel. Ljungdahl v. Sullivan, 155 Fla. 817, 21 So.2d 713; accord, Kelly v. State ex rel. Curry, Fla.1956, 92 So.2d 172, CARROLL, CHAS., C. J., HORTON, J., and BARNS, PAUL D., Associa......
  • City of Tallahassee v. Roberts
    • United States
    • United States State Supreme Court of Florida
    • April 17, 1945
    ...much. I was hurting pretty bad. It was in the Northwest end of town. Seems like riding on the truck, the wind keep me from being so sick. [155 Fla. 817] 'Q. Were you sleeping in the fire station? A. Yes sir. 'Q. You jumped out of bed at the sound of the alarm? A. Yes sir. 'Q. Did you notice......
  • Sullivan v. State ex rel. Pardew
    • United States
    • United States State Supreme Court of Florida
    • April 13, 1951
    ...with the following paragraph: 'The judgment appealed from is accordingly reversed on authority of State ex rel. Lungdahl v. Sullivan, 155 Fla. 817, 21 So.2d 713 and like cases. Reversed.' [49 So.2d 800, We are confronted with a motion to recall the mandate, issued January 22, 1951, and clar......
  • Sullivan v. State ex rel. Pardew
    • United States
    • United States State Supreme Court of Florida
    • January 5, 1951
    ...like this. Page 801 The judgment appealed from is accordingly reversed on authority of State of Florida ex rel. Ljungdahl v. Sullivan, 155 Fla. 817, 21 So.2d 713 and like Reversed. ADAMS, C. J., and THOMAS and ROBERTS, JJ., concur. ...

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT