Martin v. State

276 So. 2d 149, 50 Ala. App. 1, 1973 Ala. Crim. App. LEXIS 1226
CourtCourt of Criminal Appeals of Alabama
DecidedApril 3, 1973
Docket1 Div. 401
StatusPublished
Cited by11 cases

This text of 276 So. 2d 149 (Martin v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Martin v. State, 276 So. 2d 149, 50 Ala. App. 1, 1973 Ala. Crim. App. LEXIS 1226 (Ala. Ct. App. 1973).

Opinion

HARRIS, Judge.

This is an appeal from the judgment of the Circuit Court of Mobile County denying appellant’s petition for a writ of habeas corpus and was submitted on briefs in this Court on March 26, 1973.

Appellant is now being held by Honorable Ray D. Bridges, Sheriff of Mobile County, under a rendition warrant issued by Honorable George C. Wallace, Governor of Alabama, at the request of Honorable John J. McKeithen, Governor of Louisiana.

The rendition warrant recites that appellant is charged by copies of Court Record, in the Parish of Orleans in said State, with the crime of escape (a duly certified copy of which copies of Court Record accompanies said requisition). This fails to comply with the requirements of Title 15, Section 52, Code of Alabama 1940. It is necessary for the issuance of a warrant in such cases that the accused is “lawfully charged by indictment or by information filed by a prosecuting officer and supported by affidavit as to the facts, or by affidavit made before a magistrate in that state.” Beasley v. State, 43 Ala.App. 247, 187 So.2d 806; Watson v. State, 30 Ala.App. 184, 2 So.2d 470; Smith v. State, 45 Ala.App. 125, 226 So.2d 668; Lofton v. State, 46 Ala.App. 229, 239 So.2d 901.

Title 15, Section 54, Code of Alabama 1940, requires that “the warrant must substantially recite the facts necessary to the validity of its issue.”

*3 The return of the sheriff recites:

“Comes now the Respondent, Ray D. Bridges, Sheriff of Mobile County, Alabama, 'by and through Charles R. Butler, Jr., District Attorney for the Thirteenth Judicial Circuit of Alabama, and for answer to the petition for Writ of Habeas Corpus alleges that Petitioner is presently confined in the Mobile County Jail pursuant to warrants of the Governor of the State of Louisiana and the Governor of the State of Alabama stating that Newton H. Martin was confined to the Louisiana State Penitentiary and on February 6th, 1972 did escape from said confinement and has fled from that State to the State of Alabama. A copy of said Governors’ warrants along with copy of the Application for Requisition and Warrant from the Parish of Orleans, State of Louisiana will be filed forthwith.”

At the hearing on the petition, the state introduced the rendition warrant of the Governor of Alabama and the requisition warrant from the Governor of Louisiana. The requisition warrant from the Governor of Louisiana contains nothing more than the designation of an agent to receive appellant upon his deliverance from the authorities of the State of Alabama. If this was all, the writ should have issued and petitioner put “on the ground”, but there was more.

Title 15, Section 50, Code of Alabama 1940, provides as follows:

“No demand for the extradition of a person charged with crime in another state shall be recognized by the governor unless in writing and accompanied by a copy of an indictment found or by an information supported by affidavit in the state having jurisdiction of the crime, or by a copy of an affidavit made before a magistrate there, together with a copy of any warrant which was issued thereon. The indictment, information, or affidavit made before the magistrate must substantially charge the person demanded with having committed a crime under the law of that state; and the copy must be authenticated by the executive authority making the demand, which shall be prima facie evidence of its truth.”

When the rendition warrant is defective, as here, and there are allied papers in evidence, we look to them to determine their legal sufficiency to justify the issuance of the rendition warrant. Aldio v. State, 44 Ala.App. 303, 208 So.2d 212; Lofton v. State, supra; Harris v. State, 257 Ala. 3, 60 So.2d 266.

The allied papers in this case include the following:

(1) A document from Murray Henderson, Warden, Louisiana State Penitentiary, stating that appellant was convicted at the Fall Term of the Criminal Court of Orleans Parish of the crime of armed robbery and sentenced to the State Penitentiary for a period of twenty-five (25) years, and that he escaped from said penitentiary on the 6th day of February, 1972, contrary to the laws of that State, still having twenty (20) years, seven (7) months and twenty-four (24) days of said sentence to serve.

This document was addressed to any lawful officer of said State to retake Newton H. Martin, LSP65810 and forthwith return him to the penitentiary at Angola to complete his sentence and was sworn to before John Rebalc, sic, Notary Public, Parish of West Feliciana, State of Louisiana.

(2) Petition of Jack P. F. Gremillion, Attorney General of the State of Louisiana, to the Governor of Louisiana, for the issuance of a requisition and warrant for the extradition of appellant, a fugitive from justice, who has taken refuge in the State of Alabama, stating, inter alia, that appellant on September 29, 1967, was by process of law, in the Criminal District Court, Section B Judicial District, in and for the Parish of Orleans, State of Louisiana, cause number 200-274, adjudged guilty of the crime of armed robbery, a felony, *4 and sentenced to serve twenty-five (25) years at hard labor in the Louisiana State Penitentiary, all as shown by certified copies of the record of said Court, attached to said petition. Further stating that he was committed to the penitentiary on October 24, 1967, and escaped therefrom on or about February 6, 1972, and has never been returned to the custody of the penitentiary to serve out the sentence, and that according to information and belief is presently held by the Police Department, in the City of Mobile, State of Alabama, as a fugitive from justice.
(3) The Attorney General in said petition further requested that requisition and warrant be issued for the extradition of appellant from the State of Alabama, in conformity with the laws of the' United States and the States concerned, and that Mr. Robert Bryan, Chief of Security, be designated as the agent of Louisiana to receive the person of said fugitive from the State of Alabama and return him to that jurisdiction to serve out his sentence in said penitentiary according to law.
(4) Further stating that the agent, Robert Bryan, Chief of Security, is the proper person and has no private interest in the return of said fugitive to that jurisdiction.
(5) Further, this proceeding is not undertaken to enforce the collection of a debt, or to effect the return of the fugitive in order to serve him in any civil proceedings or other action, save that set forth in said petition, or for any private or improper purposes whatever.

Attached to the petition of the Attorney General is a certificate from J. B. Rabalais, in his official capacity as Record Clerk and legal custodian of records of Louisiana State Penitentiary, certifying that attached thereto, are true and exact copies of the document of commitment, photographs, and fingerprints relative to one Newton H. Martin, a former inmate of that institution, subscribed and sworn to on 3/2/72.

Also, a certificate of C. Murray Henderson, in his official capacity as Warden of the Louisiana State Penitentiary attesting that J. B.

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Bluebook (online)
276 So. 2d 149, 50 Ala. App. 1, 1973 Ala. Crim. App. LEXIS 1226, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martin-v-state-alacrimapp-1973.