Frazier v. Rutledge

Supreme Court of Georgia

Frazier v. Rutledge

252 S.E.2d 465, 243 Ga. 39, 1979 Ga. LEXIS 792

CourtSupreme Court of Georgia

DecidedJanuary 24, 1979

Docket34295

StatusPublished

Cited by5 cases

This text of 252 S.E.2d 465 (Frazier v. Rutledge) 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

Frazier v. Rutledge, 252 S.E.2d 465, 243 Ga. 39, 1979 Ga. LEXIS 792 (Ga. 1979).

Pincite

Opinion

Undercofler, Presiding Justice.

This appeal is from a final order entered in the Superior Court of Muscogee County denying Frazier’s petition for habeas corpus in which he challenged a warrant issued by the Governor of Georgia authorizing his arrest and extradition to the State of New York to answer multiple drug charges, involving the possession and sale of heroin, allegedly committed on May 7, 1976. Frazier contends the habeas court erred in failing to dismiss the Governor’s warrant and in denying his petition, and in admitting the extradition papers from New York into evidence. We affirm.

Frazier attacks the admission of the extradition papers into evidence on grounds they were insufficient as a matter of law, arguing they failed to comply with Code Ann. § 44-404 (Ga. L. 1951, pp. 726, 727). A review of the record shows these documents fully complied with the requirements of the statute and they were properly admitted.

Frazier’s contention that he was not in the State of New York on May 7, 1976, the date of the commission of the crimes alleged in the extradition papers is without merit. Michigan v. Doran, — U. S. — (99 SC 530, 58 LE2d 521) (1978).

Judgment affirmed.

All the Justices concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Undercofler, Presiding Justice.

This appeal is from a final order entered in the Superior Court of Muscogee County denying Frazier’s petition for habeas corpus in which he challenged a warrant issued by the Governor of Georgia authorizing his arrest and extradition to the State of New York to answer multiple drug charges, involving the possession and sale of heroin, allegedly committed on May 7, 1976. Frazier contends the habeas court erred in failing to dismiss the Governor’s warrant and in denying his petition, and in admitting the extradition papers from New York into evidence. We affirm.

Frazier attacks the admission of the extradition papers into evidence on grounds they were insufficient as a matter of law, arguing they failed to comply with Code Ann. § 44-404 (Ga. L. 1951, pp. 726, 727). A review of the record shows these documents fully complied with the requirements of the statute and they were properly admitted.

Frazier’s contention that he was not in the State of New York on May 7, 1976, the date of the commission of the crimes alleged in the extradition papers is without merit. Michigan v. Doran, — U. S. — (99 SC 530, 58 LE2d 521) (1978).

Judgment affirmed.

All the Justices concur.

Cite This Page — Counsel Stack

Bluebook (online)

252 S.E.2d 465, 243 Ga. 39, 1979 Ga. LEXIS 792, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frazier-v-rutledge-ga-1979.

Opinion

Related

Cite This Page — Counsel Stack