Opinion
1 Div. 879.
April 30, 1929. Rehearing Denied June 25, 1929.
Appeal from Circuit Court, Mobile County; Claude A. Grayson, Judge.
Petition by Rob Parker for a writ of habeas corpus to Warren F. Burch, Chief of Police of the City of Mobile. From an order denying the writ, petitioner appeals. Affirmed.
Certiorari denied by Supreme Court in Parker v. State, 220 Ala. 103, 124 So. 250.
Frank G. Horne, of Atmore, and Inge, Stallworth Inge, of Mobile, for appellant.
The federal law on extradition is by statute incorporated in the law of Alabama. Code 1923, § 4328. State courts are bound by the construction of the extradition laws adopted by the Supreme Court of the United States. Dennison v. Christian, 196 U.S. 637, 25 S.Ct. 795, 49 L.Ed. 630. Section 662, U.S. Code Ann., is summary in effect, and must be strictly complied with. Ex parte Morgan (D.C.) 20 F. 298. The statement, "a duly certified copy of which affidavit accompanies said requisition," is not the equivalent of the statement "certified as authentic by the Governor or Chief Magistrate of the State." Merklen v. Enright, 217 App. Div. 514, 217 N.Y. S. 288; State v. Curry, 2 Ala. App. 251, 56 So. 736. The petitioner may show that the process on which he was arrested was void, or that he was not a fugitive. Singleton v. State, 144 Ala. 104, 42 So. 23. Jurisdictional facts must be recited in the warrant. Campbell v. State, 166 Ala. 33, 52 So. 399; Singleton v. State, supra. Before issuing a warrant for the arrest of a fugitive from another state, the Governor is required to find such fugitive is duly charged in the other state with crime, and that he has fled from justice in such other state and taken refuge in Alabama. Pool v. State, 16 Ala. App. 410, 78 So. 407; Id., 202 Ala. 13, 79 So. 311; State v. Chase, 91 Fla. 413, 107 So. 541.
Charlie C. McCall, Atty. Gen., and J. W. Brassell, Asst. Atty. Gen., for the State.
The affidavit, charging the petitioner with an offense under the laws of the demanding state is properly authenticated, is sufficient, and justifies the Governor of Alabama in delivering petitioner to the agent of the demanding state. Ex parte State, 73 Ala. 503. Spears, Law of Extradition, 208, 303; People v. Brady, 56 N.Y. 182; Barriere v. State, 142 Ala. 72, 39 So. 55; Brazleton v. State, 66 Ala. 96.
This is an appeal from an order of Hon. Claude A. Grayson, judge of the circuit court of Mobile county, denying to petitioner, Rob Parker, the writ of habeas corpus, directed to Warren F. Burch, chief of police of the city of Mobile, Ala.
The return of the said chief of police to the writ shows that petitioner was held under a warrant of arrest issued by the Governor of this state, in extradition proceedings instituted by the Governor of Florida.
The warrant of the Governor of Alabama under which petitioner is held recites that it was based upon (1) a demand or requisition for the prisoner (petitioner) made by the executive of Florida, from which state petitioner is alleged to have fled; (2) and a copy of an affidavit made before a magistrate, charging the alleged fugitive with the commission of crime, "duly certified."
The warrant of the Governor of Alabama reciting the necessary jurisdictional facts was, under the decisions of our Supreme Court, as we read them, sufficient in and of itself to show prima facie that all necessary prerequisites had been complied with prior to its issue by him. Singleton v. State, 144 Ala. 104, 42 So. 23; Pool v. State, 16 Ala. App. 410, 78 So. 407.
The point made by appellant's able counsel in their brief filed on this appeal, that the recital in the Governor's warrant under which petitioner is held that the copy of the affidavit accompanying the requisition of the Governor of Florida was "duly certified," rather than "certified as authentic by the executive of the state making the demand," rendered said Governor's warrant defective, is answered specifically against such contention in the opinion in the case of Pool v. State, supra. It appears that the action of the circuit judge above in remanding petitioner to the custody of the said chief of police was correct, and the order appealed from is affirmed.
Affirmed.