Stinson v. State
| Citation | 179 So.2d 94,43 Ala.App. 27 |
| Decision Date | 05 October 1965 |
| Docket Number | 6 Div. 125 |
| Parties | Donald V. STINSON v. STATE. |
| Court | Alabama Court of Appeals |
Donald V. Stinson, pro se.
Richmond M. Flowers, Atty. Gen., and W. Mark Anderson, III, Asst. Atty. Gen., for the State.
This cause was submitted July 22, 1965.
Stinson appeals from a denial of habeas corpus after an extradition hearing.
Appellant apparently is in demand by the States of Louisiana, Oklahoma and Ohio. Louisiana having filed the earliest request for him with our Governor, the trial judge adjudicated that he should go there.
At page 23 of the record, it appears that on the hearing some of the papers were not at first before the judge. Later, however, State's Exhibit A was admitted in evidence, consisting of, as the circuit clerk's certificate describes it:
'State's Exhibit A--Governor's Warrant and supporting papers for Governor of Alabama's warrant.'
Our cases are to the effect that if the State chooses to go beyond the recitals of the rendition warrant of the Governor of Alabama, then the back up papers must make out a prima facie case within the scope of the extradiction statute. Code 1940, T. 15, §§ 48-75. See Baugh v. State, 275 Ala. 319, 154 So.2d 674.
We are unable to affirm the judgment below because, though all other papers appear to be in regular form, there is no requisition demand by the Governor of Louisiana in the separate Exhibit A which has been sent up to us. McGahagin v. State, 41 Ala.App. 236, 131 So.2d 425 ().
In United Security Life Ins. Co. v. Goddard, 42 Ala.App. 629, 174 So.2d 791, we stated as follows:
'The clerk, without any order of the court, has sent up apart from the record an envelope certified 'that the within exhibits were offered in evidence in the cause hereon styled.'
'Supreme Court Rule 22 (Rev.) reads:
"Whenever it shall, in the opinion of the judge of any court, be necessary or proper that original papers of any kind should be inspected in the supreme court, such judge may make such rule or order for the safe keeping, transporting, and return of such original papers as to him may seem proper; and such papers will be considered by the supreme court in connection with the transcript of the proceedings.'
'Supreme Court Rule 41 (Rev.) reads:
'The original exhibits include the policy made the basis of the suit. The conditions of the policy are relied on in the appellant's plea but appear only by reference, i. e., by leave to offer and give evidentiary matter which might come in if well pleaded.
'Supreme Court Rule 23 permits a court reporter 'under the provisions of existing laws,' to certify that reproduction of an original paper is 'difficult or impossible.'
'The sixth sentence of § 1 of the Act governing transcripts of evidence reads:
"* * * If the reproduction of documents offered in evidence, such as maps or photographs, be difficult or impracticable, the court reporter shall so certify, and the Clerk shall thereupon attach the original, or a photostatic copy thereof, to the transcript on appeal, and such original or photostatic copy thereof shall be a part of the transcript on appeal. * * *' Act No. 97, approved February 9, 1956.
'In Maryland...
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Rayburn v. State, 3 Div. 894
... ... 184, 57 So.2d 832 (1951) ... When the rendition warrant recites all the above jurisdictional facts, it is not necessary for the establishment of a prima facie case that the requisition warrant and the supporting papers be introduced into evidence. Shirley, supra, citing Stinson v ... State, 43 Ala.App. 27, 179 So.2d 94 (1965); State v. Freeman, 42 Ala.App. 240, 160 So.2d 12 (1964); Denson v. State, 36 Ala.App. 216, 57 So.2d 830 (1951); State v. Knight, 31 Ala.App. 174, 14 So.2d 159 (1943). However if the supporting papers are introduced into evidence it becomes the ... ...
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Emmons v. State
...facie case that the requisition warrant and the supporting papers be introduced into evidence. Shirley, supra, citing Stinson v. State, 43 Ala.App. 27, 179 So.2d 94 (1965); State v. Freeman, 42 Ala.App. 240, 160 So.2d 12 (1964); Denson v. State, 36 Ala.App. 216, 57 So.2d 830 (1951); State v......
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Shirley v. State
...warrant and supporting papers be introduced into evidence when the rendition warrant makes the required showing. See Stinson v. State, 43 Ala.App. 27, 179 So.2d 94 (1965); State v. Freeman, 42 Ala.App. 240, 160 So.2d 12 (1964); Denson v. State, 36 Ala.App. 216, 57 So.2d 830 (1951); State v.......
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Stinson v. State
...Asst. Atty. Gen., for the State. CATES, Judge. This cause was submitted here April 7, 1966, and is a second appeal. See Stinson v. State, 43 Ala.App. 27, 179 So.2d 94. '* * * (The) extradition proceedings in this present case comply with statutory provisions setting out the law especially a......