Opinion
October 9, 1951. Rehearing Denied November 15, 1951.
Appeal from the Circuit Court for Volusia County, H.B. Frederick, J.
Watkins Cohen, Tallahassee, and Adams Judge, Daytona Beach, for appellant.
Richard W. Ervin, Atty. Gen., and William A. O'Bryan, Asst. Atty. Gen., for appellee.
The appellant appeals from an order of the court below, entered in a habeas corpus proceeding, which order remanded appellant to the custody of the Sheriff of Volusia County, Florida, and by said Sheriff to be disposed of in accordance with rendition warrant issued by the Governor of Florida upon the demand of the Governor of Georgia.
To the "demand" by the Governor of Georgia, upon which the Governor of Florida issued his rendition warrant, (which was filed in evidence in the court below) were attached exemplified copies of all necessary indictments, judgments and warrants of arrest as required by Section 941.03, F.S. 1949, F.S.A.
The remaining pertinent facts and the contention of appellant, are aptly set forth in the question he poses here, namely: "Where a demanding state seeks the extradition of a person indicted, convicted, sentenced and admitted to probation by a Court of competent jurisdiction of such demanding state, after attempted revocation of such probation and extradition proceedings disclose revocation of such probation to be void under the laws of such demanding state, is such person entitled to discharge from custody under a rendition warrant from the Governor of the asylum state on writ of Habeas Corpus?"
We hold that in extradition proceedings, the legality of the revocation of parole or probation of the appellant is a question properly to be decided by the courts of the demanding state, see Ex parte Foster, 60 Okla. Cr. 50, 61 P.2d 37, and that the order of the lower court remanding appellant to the custody of the sheriff was proper.
The order appealed from is affirmed.
TERRELL, Acting Chief Justice, and CHAPMAN and ADAMS, JJ., concur.