State v. Hackett
| Decision Date | 15 December 1930 |
| Citation | 33 S.W.2d 422 |
| Parties | STATE ex rel. SIVLEY v. HACKETT et al. |
| Court | Tennessee Supreme Court |
Appeal from Criminal Court, Hamilton County; M. N. Whitaker, Judge.
Habeas corpus by the State, on the relation of Loyd Sivley, against W. H. Hackett and another. Judgment dismissing the petition, and relator appeals.
Reversed, and prisoner discharged.
W. A. Schoolfield, of Chattanooga, for plaintiff in error.
W. F. Barry, Jr., Asst. Atty. Gen., for relator.
This is a habeas corpus proceedings brought by Sivley against the chief of police of Chattanooga and one Kidd, an agent of the state of Georgia, in which he alleges that he is being unlawfully restrained of his liberty by the two defendants on account of a warrant issued by the Governor of Tennessee upon a requisition from the Governor of Georgia. The court below dismissed the petition, and the relator has appealed.
The warrant issued by the Governor of Tennessee was attacked as bad on its face, and it was also contended by the relator that he was not in the state of Georgia at the time of the commission of the offense with which he was charged there, and that accordingly he was not a fugitive from justice in that state. Proof was heard on the latter issue in the court below, and we find abundant evidence to sustain the deduction of the trial judge in this respect. However, we are forced to the conclusion that the warrant issued by the Governor of Tennessee is inadequate on its face and it was not supported on the hearing by any showing that jurisdictional facts were made to appear to the Governor before the warrant was issued.
Section 2 of article 4 of the Constitution of the United States is given effect by sections 5278, 5279, U. S. Revised Statutes (18 USCA §§ 662, 663), as follows:
"Whenever the executive authority of any State or Territory demands any person as a fugitive from justice, of the executive authority of any State or Territory to which such person has fled, and produces a copy of an indictment found or an affidavit made before a magistrate of any State or Territory, charging the person demanded with having committed treason, felony, or other crime, certified as authentic by the governor or chief magistrate of the State or Territory from which the person so charged has fled, it shall be the duty of the executive authority of the State or Territory to which such person has fled to cause him to be arrested and secured, and to cause notice of the arrest to be given to the executive authority making such demand." Section 5278.
Section 7321, Thompson's-Shannon's Code, provides for the issuance of a warrant for the apprehension of a person when the demand is made by the executive of another state or territory "in any case authorized by the constitution and laws of the United States."
The warrant issued by the Governor of the asylum state should show: (1) That a demand by requisition has been made for the party as a fugitive from justice; (2) that the requisition was accompanied by a...
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