Florida ex rel. Buster v. Purdy

District Court of Appeal of Florida

Florida ex rel. Buster v. Purdy

219 So. 2d 43

CourtDistrict Court of Appeal of Florida

DecidedFebruary 11, 1969

DocketNo. 68-605

StatusPublished

Cited by6 cases

This text of 219 So. 2d 43 (Florida ex rel. Buster v. Purdy) 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

Florida ex rel. Buster v. Purdy, 219 So. 2d 43 (Fla. Ct. App. 1969).

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Opinion

PER CURIAM.

The question of insanity in a habeas corpus proceeding is to be determined by the demanding State, not by the asylum State. See: Charlton v. Kelly, 229 U.S. 447, 33 S.Ct. 945, 57 L.Ed. 1274; Brewer v. Turner, 165 Kan. 330, 194 P.2d 507; State ex rel. Davey v. Owen, 133 Ohio St. 96, 12 N.E.2d 144, 114 A.L.R. 686; 31 Am.Jur.2d, Extradition, §§ 15, 51; Anno. 114 A.L.R. 693.

Therefore, the order here under review will not be disturbed.

Affirmed.

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PER CURIAM.

The question of insanity in a habeas corpus proceeding is to be determined by the demanding State, not by the asylum State. See: Charlton v. Kelly, 229 U.S. 447, 33 S.Ct. 945, 57 L.Ed. 1274; Brewer v. Turner, 165 Kan. 330, 194 P.2d 507; State ex rel. Davey v. Owen, 133 Ohio St. 96, 12 N.E.2d 144, 114 A.L.R. 686; 31 Am.Jur.2d, Extradition, §§ 15, 51; Anno. 114 A.L.R. 693.

Therefore, the order here under review will not be disturbed.

Affirmed.

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219 So. 2d 43, Counsel Stack Legal Research, https://law.counselstack.com/opinion/florida-ex-rel-buster-v-purdy-fladistctapp-1969.

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