Baldwin v. Grimes

Supreme Court of Georgia

Baldwin v. Grimes

116 S.E.2d 207, 216 Ga. 390, 1960 Ga. LEXIS 483

CourtSupreme Court of Georgia

DecidedSeptember 8, 1960

Docket20970

StatusPublished

Cited by5 cases

This text of 116 S.E.2d 207 (Baldwin v. Grimes) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Baldwin v. Grimes, 116 S.E.2d 207, 216 Ga. 390, 1960 Ga. LEXIS 483 (Ga. 1960).

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Opinion

Ducicworth, Chief Justice.

Where, in the trial of a habeas corpus case, it appears that the respondent is holding the petitioner in custody under an executive warrant based on an extradition proceeding, and the warrant is regular on its face, the burden is cast upon the petitioner to show some valid and sufficient reason why the warrant should not be executed, since there is a presumption that the Governor complied with the Constitution and law, and this presumption continues until the contrary appears. Blackwell v. Jennings, 128 Ga. 264 (57 S. E. 484); Broyles v. Mount, 197 Ga. 659 (30 S. E. 2d 48); Mathews v. Foster, 209 Ga. 699(4) (75 S. E. 2d 427). No evidence other than the warrant was introduced; hence the court did not err in remanding the custody of the petitioner to the respondent.

Judgment affirmed.

All the Justices concur.

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Ducicworth, Chief Justice.

Where, in the trial of a habeas corpus case, it appears that the respondent is holding the petitioner in custody under an executive warrant based on an extradition proceeding, and the warrant is regular on its face, the burden is cast upon the petitioner to show some valid and sufficient reason why the warrant should not be executed, since there is a presumption that the Governor complied with the Constitution and law, and this presumption continues until the contrary appears. Blackwell v. Jennings, 128 Ga. 264 (57 S. E. 484); Broyles v. Mount, 197 Ga. 659 (30 S. E. 2d 48); Mathews v. Foster, 209 Ga. 699(4) (75 S. E. 2d 427). No evidence other than the warrant was introduced; hence the court did not err in remanding the custody of the petitioner to the respondent.

Judgment affirmed.

All the Justices concur.

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Bluebook (online)

116 S.E.2d 207, 216 Ga. 390, 1960 Ga. LEXIS 483, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baldwin-v-grimes-ga-1960.

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