State v. West
| Decision Date | 17 August 1965 |
| Docket Number | 7 Div. 800 |
| Parties | STATE v. Denzil WEST. |
| Court | Alabama Court of Appeals |
Richmond M. Flowers, Atty. Gen., and W. Mark Anderson, III, Asst. Atty. Gen., for appellant.
Beck & Beck, Fort Payne, for appellee.
This is an appeal by the State from a judgment of the DeKalb County Court granting petitioner's discharge in a habeas corpus proceeding.
The petitioner was arrested by the Sheriff of DeKalb County pursuant to a rendition warrant issued by the Governor of Alabama ordering his return to the State of South Carolina to answer a charge of armed robbery.
In this proceeding the solicitor introduced in evidence, over petitioner's objection, the rendition warrant issued by the Governor of Alabama and the requisition from the Governor of South Carolina, together with other supporting documents. Included in the supporting documents were an affidavit and a warrant of arrest issued thereon, which purport to be issued by authorities in South Carolina. Petitioner objected to the introduction of the affidavit and the warrant on the ground, among others, that they were not duly authenticated. Petitioner moved for his discharge on the ground that the documents received in evidence were insufficient to authorize the Governor of Alabama to issue the rendition warrant. The motion was granted.
That portion of the requisition from the Governor of South Carolina pertinent to this appeal is as follows:
'TO HIS EXCELLENCY THE GOVERNOR OF ALABAMA
'IT APPEARS from the attached EXTRADITION AND SUPPORTING DOCUMENTS, ARREST WARRANT, CERTIFICATE FOR which are hereby certified to be authentic and in accord with the laws of this State, that Denzil West stands charged with the crime of ARMED ROBBERY in South Carolina, and it has been represented to me that he has fled from the justice of this State and taken refuge in the State of Alabama.
'Therefore, pursuant to the Constitution and Laws of the United States in such cases, I request that you cause Denzil West to be apprehended and delivered to Sheriff I. Byrd Parnell and/or who is hereby authorized to receive him and convey him to the State of South Carolina, there to be dealt with according to law.
'WITNESS MY HAND and the seal of the Executive Department of South Carolina, affixed at Columbia, this 13th day of August in the year of our Lord, one thousand nine hundred sixty-four, and in the Independence of the United States of America the one hundred eighty-ninth.' (Emphasis added.)
The rendition warrant issued by the Governor of Alabama recites in relevant part:
'WHEREAS, His Excellency, Donald Russell, Governor of the State of South Carolina, by requisition dated the 13th day of August, 1964 has demanded of me, as the Governor of the State of Alabama, the surrender of Denzil West who, it appears, is charged by arrest warrant, in the County of Sumter in said State, with the crime of ARMED ROBBERY (a duly certified copy of which Warrant of Arrest accompanies said requisition) and it appearing that said Denzil West has fled from justice in said State and taken refuge in the State of Alabama.' (Emphasis added.)
Before the governor of the asylum state is authorized to issue a rendition warrant there must be a concurrence of three jurisdictional conditions: (1) There must be a demand in writing for the return of the person named in the warrant as a fugitive from justice by the executive authority of the state from which he fled; (2) The requisition must be accompanied by a copy of an indictment found, or an information,...
To continue reading
Request your trial
-
Rayburn v. State, 3 Div. 894
...warrant is sufficient, a defect in the supporting papers will rebut the prima facie case established by that warrant. State v. West, 42 Ala.App. 678, 178 So.2d 182 (1965); Kelley, supra. The rendition warrant in this case stated the necessary jurisdictional facts. McGahagin v. State, 41 Ala......
-
Emmons v. State
...warrant is sufficient, a defect in supporting papers will rebut the prima facie case established by that warrant. State v. West, 42 Ala.App. 678, 178 So.2d 182 (1965); Kelley, 366 So.2d at 702-703. Although the rendition warrant in this case is technically sufficient, we must examine the su......
-
Hester v. State
...facts. See Harris v. State, 257 Ala. 3, 60 So.2d 266 (1951); Martin v. State, 50 Ala.App. 1, 276 So.2d 149 (1973); State v. West, 42 Ala.App. 678, 178 So.2d 182 (1965). The error in the rendition warrant in this case was corrected by the introduction of the requisition warrant and accompany......
-
Mancill v. State
...papers. See Harris v. State, 257 Ala. 3, 60 So.2d 266 (1951); Martin v. State, 50 Ala.App. 1, 276 So.2d 149 (1973); State v. West, 42 Ala.App. 678, 178 So.2d 182 (1965). All the Judges concur. ...