Watson v. State
| Decision Date | 20 May 1941 |
| Docket Number | 4 Div. 663. |
| Citation | 2 So.2d 470,30 Ala.App. 184 |
| Parties | WATSON v. STATE. |
| Court | Alabama Court of Appeals |
Mulkey & Mulkey and E. C. Boswell, all of Geneva, for appellant.
Thos S. Lawson, Atty. Gen., and Jas. F. Matthews, Asst. Atty Gen., for the State.
Appeal from an order denying the petition of W. A. Watson for a writ of habeas corpus. According to the return of the sheriff, the petitioner was held under authority of a duly executed warrant of arrest, issued by the Governor of Alabama purportedly pursuant to the Uniform Criminal Extradition Act of Alabama-Michie Code of Alabama, 1936 Supplement, Chapter 145A, Section 4183(1) et seq. (Gen. Acts of Ala.1931, p 559).
The case for the State was rested upon the introduction in evidence of the return of the sheriff which exhibited therewith the Governor's warrant. Petitioner offered no substantial evidence but insists that the writ should have been granted because the State failed to make out a prima facie case for his detention.
The Governor's warrant is as follows:
The "duly certified copy" of the transcript of the minutes, etc., mentioned in the foregoing warrant as accompanying the requisition, was not introduced in evidence at the hearing before the trial judge nor does it appear in the record presented here.
From the present record, it appears-as to the criminal charge against accused-that the sole basis upon which the Governor's warrant was issued is that said Watson "is charged by Transcript of Minutes, in the County of Okaloosa in said State, with the crime of living in an open state of adultery (a duly certified copy of which Transcript of Minutes accompanies said requisition)." This is not sufficient. One of the jurisdictional facts necessary for the Governor to find as a...
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Harris v. State
...universally recognized as to need to citation of authority. Prior to Russell v. State, supra, the Court of Appeals in Watson v. State, 30 Ala.App. 184, 2 So.2d 470, 472 (authored by the writer here while a judge of that court), stated that 'unless it is made to appear either in the warrant ......
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Martin v. State
...to the facts, or by affidavit made before a magistrate in that state.' Beasley v. State, 43 Ala.App. 247, 187 So.2d 806; Watson v. State, 30 Ala.App. 184, 2 So.2d 470; Smith v. State, 45 Ala.App. 125, 226 So.2d 668; Lofton v. State, 46 Ala.App. 229, 239 So.2d Title 15, Section 54, Code of A......
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Harris v. State
...said requisition). In an opinion by Simpson, J., now of the Supreme Court, but then of this court, in the case of Watson v. State, 30 Ala.App. 184, 2 So.2d 470, 472, the view was expressed that if the Governor's rendition warrant was deficient, then the allied papers accompanying a requisit......
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Blevins v. State
...escaped from confinement or Broken his parole." (Emphasis supplied). Beasley v. State, 43 Ala.App. 247, 187 So.2d 806; Watson v. State, 30 Ala.App. 184, 2 So.2d 470; Smith v. State, 45 Ala.App. 125, 226 So.2d 668; Lofton v. State, 46 Ala.App. 229, 239 So.2d The return of the Sheriff recites......