Young v. State
| Decision Date | 21 May 1908 |
| Citation | 46 So. 580,155 Ala. 145 |
| Parties | YOUNG v. STATE. |
| Court | Alabama Supreme Court |
Appeal from City Court of Birmingham; Charles A. Senn, Judge.
Habeas corpus proceedings by W. H. Young, alias A. W. Young. From an order denying his discharge, he appeals. Affirmed.
Vaughan & Davidson and Smith & Smith, for appellant.
Alexander M. Garber, Atty. Gen., for the State.
W. H Young, alias A. W. Young, for whose benefit the application for habeas corpus was made in this cause, was arrested by the sheriff of Jefferson county, on a warrant issued by the Governor of Alabama on the 24th day of December, 1907 directing his arrest and delivery to the agent of the state of Georgia, pursuant to a requisition of the Governor of that state. The application was made before Hon. Charles A. Senn judge of the city court of Birmingham, who granted the writ. The writ was returnable the 3d day of January, 1908, and commanded the sheriff of Jefferson county to have the body of the said Young before him on that day, with the cause of his detention. Young was carried before the judge on the day named, and the sheriff justified his detention under the warrant above referred to, setting same out as "Exhibit A" to his return of the writ.
The warrant of the Governor, after reciting the fact that the Governor of Georgia by requisition had demanded of the Governor of Alabama the surrender of Young, continues as follows: "Who it appears is charged by affidavit in the county of Floyd, in said state (Georgia), with the crime of obtaining money under false pretenses, which is an offense under the laws of Georgia for which extradition warrant should be issued (a duly certified copy of which affidavit accompanies said requisition); and it appearing that said Young has fled from justice in said state and taken refuge in the state of Alabama," etc. Then follows the command to arrest and deliver Young to the agent of Georgia. The return of the sheriff is attacked, and the release of the prisoner is claimed, upon the ground that the warrant is void on its face, in that it fails to show an offense known to the laws of the state of Georgia.
It is the settled law of this, as well as of the other, states that a prima facie case is made when the return shows: A demand or requisition for the prisoner made by the executive of another state, from which he is alleged to have fled; a copy of the indictment found, or affidavit made before a magistrate, charging the alleged fugitive with the commission of the crime, certified as authentic by the executive of the state making the demand; and the warrant of the Governor authorizing the arrest. It is said in Ex parte State, 73 Ala. 503, 511: The...
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