Peacock v. State

265 So. 2d 175, 48 Ala. App. 391, 1972 Ala. Crim. App. LEXIS 918
CourtCourt of Criminal Appeals of Alabama
DecidedJune 13, 1972
Docket6 Div. 377
StatusPublished
Cited by4 cases

This text of 265 So. 2d 175 (Peacock 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
Peacock v. State, 265 So. 2d 175, 48 Ala. App. 391, 1972 Ala. Crim. App. LEXIS 918 (Ala. Ct. App. 1972).

Opinion

HARRIS, Judge.

This is an appeal from a judgment rendered in the Tenth Judicial Circuit denying appellant’s discharge in a habeas corpus proceeding. This case was argued and submitted in this Court on May 23, 1972.

Appellant was arrested by the Sheriff of Jefferson County upon a rendition warrant issued by the Governor of Alabama ordering her return to the State of Maryland to answer an indictment charging her with the crime of forgery, uttering, larceny after trust. The Sheriff’s Return states that petitioner was being held under authority of a duly executed rendition warrant of this State pursuant to the extradition statute of Alabama, “a copy of which Governor’s warrant is attached hereto and made a part hereof.”

In a full blown hearing in the Court below, the State introduced into evidence the rendition warrant issued by the Governor of Alabama, together with the application for requisition by the Governor of Maryland. The request for requisition was accompanied by a copy of the indictment by the grand jury of Montgomery County, Maryland, charging this appellant with the offense above mentioned.

[393]*393In the requisition made by the Governor of the demanding state, it is recited:

“Whereas, It appears by indictment hereto annexed and duly authenticated in accordance with the laws of this State, that Diane Legg Peacock stand(s) charged with the crime of Forgery, Uttering, Larceny After Trust committed in Montgomery County in this State,
“And Whereas it has been represented to me that the said Diane Legg Peacock has fled from justice, and has taken refuge within the State of Alabama.
“Now, Therefore, pursuant to the provisions of the Constitution, and the Laws of the United States, in such case made and provided, I, Marvin Mandel, Governor of the State of Maryland, do hereby request that the said Diane Legg Peacock be apprehended and delivered to Dep. Sheriff Raymond M. Kight or Dep. Sheriff Robert E. Ray, agents for the State of Maryland who are hereby authorized to receive and convey her the said Diane Legg Peacock to the State of Maryland, there to be dealt with according to law.”

The indictment is certified under the hand and seal of the circuit clerk of Montgomery County, Maryland, to be a true and correct xerox copy of the indictment filed February 4, 1970, as to Diane Legg Peacock in Criminal No. 10839, State of Maryland v. Diane Legg Peacock. The presiding judge of the circuit court of Montgomery County, Maryland, certified that the attestation of the clerk is in due form and by the proper officer, and the circuit clerk certified that the Honorable Kathryn J. Shook, whose genuine signature is subscribed to the certificate was at the time of signing same presiding judge of the circuit court of Montgomery County, Maryland, duly commissioned and qualified.

The above requisition bears the Great Seal of the State of Maryland and is dated July 14, 1970. The allied papers attached to the requisition include an application from the State’s Attorney of Montgomery County, Maryland, to the Governor of that state, which certifies that Diane Legg Peacock stands charged by indictment with the crime of forgery, uttering, larceny after trust, committed in said county and state on the 21st day of November, 1969, and who, to avoid prosecution, fled from that state, and is believed to be within the jurisdiction of the State of Alabama, Birmingham, Jefferson County. There are further recitals to the effect that there is probable cause to believe she is guilty of the crime therein charged, that the extradition is sought in good faith, with sole intent to prosecute for the said crime, and not to collect any debt or serve any private purpose, and that the ends of justice require that she be brought back to that state for trial. This application was under oath and has the usual certification of a notary public with seal affixed and the usual attestation as to genuineness of the handwriting of the notary by the clerk of the circuit court under the seal of that court and with the further attestations by the circuit judge that the attestation of Howard M. Smith, clerk of the circuit court of Montgomery County, is in due form and by the proper officer. Thereupon, Howard M. Smith, clerk of the circuit court of the county aforesaid, certified that Irving A. Levine,, who has certified and signed the above attestation, was at the time of so doing, a. judge of the circuit court for the county aforesaid, duly commissioned and qualified, and authorized by law to so sign and certify the same, and that his signature thereto is genuine, all under the seal of the circuit court of Montgomery County, Maryland.

Also, in the papers accompanying the requisition is an affidavit, duly sworn to before a committing magistrate with seal affixed, from Jimmie R. Henry, 344 Hungcrford Court, Rockville, Montgomery County, Maryland, and is as follows:

“That on November 21, 1969, I was employed as Manager for the Hampshire Investors Corporation, doing business from an office located at 344 Hungerford [394]*394Court, Rockville, Montgomery County, Maryland. In my capacity as Manager, I had an employee working directly under me, namely, Diane Legg Peacock. On November 21, 1969, while in my office locate at the aforesaid address, Diane Legg Peacock presented to me a Hampshire Investors Corporation check, check No. 808, made payable to Hampshire Investors Corporation, drawn on the Maryland National Bank, in the amount of $576.12, dated November 21, 1969. I then signed this check as maker as is required by the business for the purposes of Diane Legg Peacock transferring funds from one bank to another. Upon signing the check I then returned said check to Diane Legg Peacock personally. The check was subsequently returned stamped “Paid November 21, 1969” by the Maryland National Bank. On the check in the payee line directly behind the payee “Hampshire Investors Corporation” had been inserted the word “payroll”. This insertion being an alteration of the original document for which Diane Legg Peacock was indicted by the Montgomery County Grand Jury for the crime of forgery on February 3, 1970.
“The Diane Legg Peacock of whom I speak in this affidavit is the same person as in the attached photograph, which is hereby made a part of this affidavit.”
Following this affidavit taken before Paul A. Langeven, Committing Magistrate, appears the following certification:
“STATE OF MARYLAND, MONTGOMERY COUNTY, Set.
“In the Office of the Clerk of the Circuit Court for Montgomery County “I, HOWARD M. SMITH, Clerk of the CIRCUIT COURT FOR MONTGOMERY COUNTY, being a Court of Record, hereby certify that Paul A. Langeven Esquire, before whom the annexed acknowledgment/affidavit was made, and who has thereto subscribed his name, was, at the time of so doing, a COMMITTING MAGISTRATE of the State of Maryland, in and for Montgomery County, duly appointed, commissioned and sworn, and authorized by law to take acknowledgments, and administer oaths, and to exercise the jurisdiction conferred by law on such Committing Magistrate, and further that I am well acquainted with the handwriting of such Committing Magistrate, .and that the signature attached thereto, purporting to be his I believe to be genuine.
“IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the seal of the Circuit Court for Montgomery County this 8th day of July A.D., 1970

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Related

Hollins v. State
562 So. 2d 637 (Court of Criminal Appeals of Alabama, 1989)
Hester v. State
444 So. 2d 1 (Court of Criminal Appeals of Alabama, 1983)
Shirley v. State
363 So. 2d 104 (Supreme Court of Alabama, 1978)
Peacock v. State
265 So. 2d 180 (Supreme Court of Alabama, 1972)

Cite This Page — Counsel Stack

Bluebook (online)
265 So. 2d 175, 48 Ala. App. 391, 1972 Ala. Crim. App. LEXIS 918, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peacock-v-state-alacrimapp-1972.