Stynchcombe v. Whitley, 32972

CourtSupreme Court of Georgia
Citation242 S.E.2d 720,240 Ga. 776
Decision Date22 February 1978
Docket NumberNo. 32972,32972
PartiesLeRoy N. STYNCHCOMBE, Sheriff v. John Marshall WHITLEY.

Page 720

242 S.E.2d 720
240 Ga. 776
John Marshall WHITLEY.
No. 32972.
Supreme Court of Georgia.
Feb. 22, 1978.

Page 721

[240 Ga. 778] Lewis R. Slaton, Dist. Atty., H. Allen Moye, Asst. Dist. Atty., Atlanta, for appellant.

Ralph J. Hunstein, Atlanta, for appellee.

[240 Ga. 776] JORDAN, Justice.

The question on this appeal is the validity of an arrest made more than one year from the date of issuance of the Governor's extradition arrest warrant.

On April 28, 1976, in an extradition proceeding the appellee was brought before a magistrate in DeKalb County who entered a commitment order, and a bond was set returnable on May 28, 1976. On May 25, 1976, the Governor of Georgia issued an extradition arrest warrant. The record shows no further proceedings in DeKalb County pursuant to the warrant.

On May 26, 1977, upon a request from the State of Florida, the appellee was apprehended in Fulton County and on May 27, 1977, was committed to jail for 30 days. On May 31, 1977, the DeKalb County district attorney forwarded the Governor's arrest warrant which had been issued on May 25, 1976, to the appellant, and on June 27, 1977 the appellee was arrested under said warrant and ordered extradited to Florida.

On July 5, 1977, the appellee filed his petition for habeas corpus, contending that the State of Florida had only 90 days from the date of his first commitment on April 28, 1976, in which to extradite him and that the arrest on June 27, 1977 under said warrant was illegal.

[240 Ga. 777] At a hearing on the petition on July 20, 1977, the habeas court held that the Governor's warrant had become stale; the arrest thereunder was illegal; and the writ was granted. The sheriff appeals.

The question presented involves a construction of Code Ann. §§ 44-415, 44-416 and 44-417. Section 44-415 provides a 30-day period in which a person charged with a crime in another state may be detained. Section 44-417 allows an additional period of time of detention not to exceed 60 days if the arrest has not been made during the first detention. Section 44-416 provides for bail during either period of detention unless the crime is punishable by death or life imprisonment in the demanding state.

The appellee contends that the prescribed maximum detention period of 90 days also limits the time for making an arrest under the warrant to the same time period. The appellant contends that the statutes provide a limitation only on the time a...

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8 cases
  • Parks v. Bourbeau
    • United States
    • Supreme Court of Connecticut
    • May 29, 1984
    ...alia Glavin v. Warden, 163 Conn. 394, 311 A.2d 86 (1972); Levick v. Smedley, 553 P.2d 482, 484 (Alaska 1976); Stynchcombe v. Whitley, 240 Ga. 776, 242 S.E.2d 720 Page 647 (1978); Commonwealth v. Brown, 281 Pa.Super. 31, 421 A.2d 1131, 1134 (1980); People ex rel. Vasquez v. Pratt, supra. Our......
  • State v. Campbell, 88-89
    • United States
    • Montana United States State Supreme Court of Montana
    • September 12, 1988
    ...not mandatory but discretionary. Long, supra; Paskowski, supra; People v. Superior Court (Lopez), supra. In Stynchcombe v. Whitley (1978), 240 Ga. 776, 242 S.E.2d 720, 721-722, the purpose behind the extradition statutes is stated in a situation similar to what we are faced with in this cas......
  • Harker v. Cornelius, 21-20284 (NLH) (MJS)
    • United States
    • United States District Courts. 3th Circuit. United States District Courts. 3th Circuit. District of New Jersey
    • November 21, 2022
    ...procedure or to limit the powers, rights or duties of the officers of the demanding state or of this state.”); Stynchcombe v. Whitley, 242 S.E.2d 720, 721 (Ga. 1978) (“We see no reason why the warrant should become stale or void merely because it was not executed during the period of detent......
  • Pappas v. Gilpin, 2001-CA-001024-MR.
    • United States
    • Court of Appeals of Kentucky
    • March 22, 2002
    ...supra, n. 3, 350 Pa.Super. at 230, 504 A.2d at 330. 5. See also Orton v. State, Fla., 431 So.2d 236 (1983); Stynchcombe v. Whitley, 240 Ga. 776, 242 S.E.2d 720...
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