Buchanan v. State ex rel. Bartling

District Court of Appeal of Florida

Buchanan v. State ex rel. Bartling

185 So. 2d 509, 1966 Fla. App. LEXIS 5269

CourtDistrict Court of Appeal of Florida

DecidedApril 26, 1966

DocketNo. 65-832

StatusPublished

Cited by4 cases

This text of 185 So. 2d 509 (Buchanan v. State ex rel. Bartling) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Buchanan v. State ex rel. Bartling, 185 So. 2d 509, 1966 Fla. App. LEXIS 5269 (Fla. Ct. App. 1966).

Pincite

Opinion

PER CURIAM.

The appellee, Verne L. Bartling, instituted a habeas corpus proceeding in the court below to contest a rendition warrant issued by the Governor of Florida for his return to the State of Louisiana to answer an indictment charging him with the crime of forgery. Following a hearing the trial court ordered the appellant to release the appellee from his custody.

The appellee attempted to prove by the evidence submitted in support of his petition that he was not present in the demanding state at the time of the commission of the crime. On this issue the evidence offered by the contending parties was in conflict.

Where there is merely contradictory evidence on the issue of presence in or absence from the demanding state the court [510]*510■should not discharge one arrested under the governor’s warrant.¹

We have found that there is competent evidence to sustain the warrant and that the appellee failed to overcome the prima facie case made by the rendition warrant. Therefore, the judgment of the ■court below discharging the appellee from •custody was erroneous.

Accordingly, the judgment appealed ■from should be reversed.

Reversed.

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