Paulk v. State

9 Citing cases

  1. Kelley v. State

    200 So. 115 (Ala. Crim. App. 1941)   Cited 30 times

    The Governor's extradition warrant being regular on its face the only questions for decision by the court upon petition for habeas corpus were (1) whether petitioner was a fugitive from justice in another State; and (2) whether he was the same person referred to in the warrant. Paulk v. State, 25 Ala. App. 212, 143 So. 585; Campbell v. State, 166 Ala. 33, 52 So. 399; In re Mohr, 73 Ala. 503, 49 Am.Rep. 63; Singleton v. State, 144 Ala. 104, 42 So. 23. Forgery being an offense at common law will be presumed to be such offense in Florida, where, in absence of proof to the contrary, the common law is presumed to prevail. Donegan Tabor v. Wood, 49 Ala. 242, 20 Am.Rep. 275; Paulk v. State, supra; 12 R.C.L. 139, ยง 2.

  2. Horan v. State

    193 So. 195 (Ala. Crim. App. 1940)   Cited 1 times

    The recital in the warrant of the Governor is prima facie evidence of the facts recited. Pool v. State, 16 Ala. App. 410, 78 So. 407; Paulk v. State, 25 Ala. App. 212, 143 So. 585; Ex parte Paulk, 225 Ala. 420, 143 So. 585. The offense shown, in the absence of evidence to the contrary, is presumed to prevail in the requisitioning State. State v. Paulk, supra. This, with the Governor's warrant, was sufficient to authorize petitioner's retention in custody for removal by agents of said State. Barriere v. State, 142 Ala. 72, 39 So. 55. In absence of a statement of the evidence as provided by Ala. Code, 1928, ยง 3238, it will be presumed the finding of the Circuit Court was without error.

  3. State v. Parrish

    242 Ala. 7 (Ala. 1941)   Cited 13 times

    Thacker v. State, 20 Ala. App. 302, 101 So. 636; Singleton v. State, 149 Ala. 673, 42 So. 23; Kelley v. State, Ala.App., 200 So. 115. Where Governor's extradition warrant appears regular, the only questions open in habeas corpus proceedings are whether petitioner was a fugitive from justice and is the identical person described in the warrant. Code 1923, ยงยง 4175, 4181; Gen.Acts 1931, p. 559; Paulk v. State, 25 Ala. App. 212, 143 So. 585; Godwin v. State, 16 Ala. App. 397, 78 So. 313. Court improperly discharged prisoner where prima facie case of lawful detention warrant was not overcome by sufficient proof that prisoner was not a fugitive from justice or process was void. State v. Wiggins, 23 Ala. App. 527, 128 So. 591.

  4. Bearden v. State

    424 So. 2d 677 (Ala. Crim. App. 1983)

    At this point, the issues in the habeas corpus proceeding dwindled to only two: (1) whether the petitioner is a fugitive from justice, and (2) whether he is the identical person described in the rendition warrant. Rayburn, supra; Kelley v. State, 30 Ala. App. 21, 23, 200 So. 115, 117 (1941); Potts v. State, 378 So.2d 264 (Ala.Cr.App. 1979); Krenwinkle v. State, 45 Ala. App. 474, 232 So.2d 346 (1970); Monroe v. State, 400 So.2d 753 (Ala.Cr.App. 1981); Adams v. State, 253 Ala. 387, 45 So.2d 43 (1950); Parrish v. State, 242 Ala. 7, 5 So.2d 828 (1941); Paulk v. State, 25 Ala. App. 212, 143 So. 585 (1932). Petitioner's evidence to the effect that he was not in the State of Texas on the date of the alleged offense, which the trial court considered as an established fact for the purpose of the hearing, created a conflict in the evidence between (1) the rendition warrant and (2) his evidence.

  5. Pierce v. Holcombe

    67 So. 2d 278 (Ala. Crim. App. 1953)   Cited 10 times

    Pool v. State, 16 Ala. App. 410, 78 So. 407; Kelley v. State, 30 Ala. App. 21, 200 So. 115. And, as stated by the Court in the Kelley case, supra, without more, the introduction of said warrant into evidence would have operated to cause the issues in the case to resolve themselves into two, and two only, viz.: (1) Was petitioner a fugitive from justice; and (2) is he the identical person described in the said Governor's warrant? Paulk v. State, 25 Ala. App. 212, 143 So. 585, certiorari denied Ex parte Paulk, 225 Ala. 420, 143 So. 585. "But there was more.

  6. Tucker v. State

    41 So. 2d 625 (Ala. Crim. App. 1949)   Cited 8 times

    In habeas corpus proceedings to release prisoners held under extradition proceedings, the court can look behind the prima facie case to determine if such prisoners are fugitives from justice. State of Tennessee v. Hamilton, supra; State v. Parrish, 30 Ala. App. 242, 5 So.2d 828; Paulk v. State, 25 Ala. App. 212, 143 So. 585. To constitute one a fugitive from justice it is essential to show that at the time of commission of the alleged crime in the demanding state he was bodily present, or incurred guilt therein, that he left it and is within the jurisdiction of the state from which his return is demanded and refuses voluntarily to return to the former state.

  7. State v. Jones

    31 Ala. App. 208 (Ala. Crim. App. 1943)   Cited 11 times
    In State ex rel. Russell v. Jones, 31 Ala. App. 208, 14 So.2d 590, certiorari denied, 244 Ala. 608, 14 So.2d 592, it was held in effect that a circuit judge erred in granting bail to a petitioner in a habeas corpus proceeding pending his appeal from a judgment denying his discharge and remanding him to custody.

    Code 1940, Tit. 15, ยง 369; Quart. Rep. Atty. Gen., Apr. Jun. 1936, p. 61; State v. Kelly, 23 Ala. App. 356, 127 So. 797; State v. McElroy, 23 Ala. App. 301, 124 So. 502; Paulk v. State, 25 Ala. App. 212, 143 So. 585. PER CURIAM.

  8. Watson v. State

    2 So. 2d 470 (Ala. Crim. App. 1941)   Cited 14 times

    " This is not sufficient. One of the jurisdictional facts necessary for the Governor to find as a predicate for issuance of the warrant is that the accused is "lawfully charged by indictment or by an information filed by a prosecuting officer and supported by affidavit to the facts, or by affidavit made before a magistrate in that state, with having committed a crime under the laws of that state, or that he has been convicted of crime in that state and has escaped from confinement or broken his parole." Uniform Extradition Act, supra, Section 4183(5); Pool v. State, 16 Ala. App. 410, 78 So. 407; Ex parte Paulk, 225 Ala. 420, 143 So. 585, denying certiorari in Paulk v. State, 25 Ala. App. 212, 143 So. 585. The recitals of the Governor's warrant here are obviously deficient, alone and of themselves, to show prima facie the legality of petitioner's detention.

  9. Sanders v. State

    193 So. 892 (Ala. Crim. App. 1940)

    RICE, Judge. So far as we can observe or ascertain the situation with reference to this appeal is exactly similar to that obtained with reference to the appeal in the case of Paulk v. State, 25 Ala. App. 212, 143 So. 585. And upon the authority of what we there said the judgment here appealed from is affirmed.