30 S.E.2d 48 | Ga. | 1944
On application of legal principles to the facts on the hearing of a writ of habeas corpus, the refusal to discharge the applicant from custody was not error.
The requisition of the Governor of Alabama to the Governor of Georgia showed that Marion M. Broyles was convicted in Alabama under an indictment charging forgery, and was sentenced on July 24, 1934, to serve from two to ten years in prison; and the requisition demanded a return of Broyles to Alabama, as a fugitive from justice. A certified copy of the indictment and sentence was included in the requisition. The requisition also included an affidavit of E. P. Russell, director of the State Department of Corrections and Institutions, sworn to before R. B. Darden, notary public, Montgomery County, Alabama, in which E. P. Russell requested the Governor of the State of Alabama to request from the Governor of the State of Georgia the extradition of Broyles as a parole violator to serve an uncompleted part of his sentence.
On the hearing Broyles testified to the effect that on July 24, 1934, he was sentenced in Alabama to serve in prison a term of from two to ten years for an alleged forgery of a described check; and that he served under this sentence until February 26, 1938, "when he was taken without the Alabama prison, but not on parole, and not on conditional release, nor on conditional pardon, and told to leave the State and not come back therein." Subsequently, he was convicted in a Federal court of an offense, and was sentenced to serve a term in the United States penitentiary at Atlanta, Georgia; and upon his release therefrom, he was taken into custody by the respondent, J. M. Mount.
1. The plaintiff in error contends that he should have been released because he was not and is not a fugitive from justice. The warrant and requisition papers, introduced in evidence, made out a prima facie case. "When in the trial of a habeas-corpus case, it appears that the respondent holds the petitioner in custody under an executive warrant based upon an extradition proceeding, and the warrant is regular on its face, the burden is cast upon the petitioner to show some valid and sufficient reason why the warrant should not be executed. The presumption is that the Governor has complied with the constitution and the law, and this presumption continues until the contrary appears." *661 Blackwell v. Jennings,
2. The contention is made that the affidavit of E. P. Russell, supporting the request for requisition, is not sufficient because it was made before a notary public and not a "magistrate."
3. The testimony of the petitioner in the trial court, to the effect that "the agents that came to take him back to the State of Alabama were not the agents named in the authorization of the Governor of Alabama to receive him from the proper Georgia authorities," presented nothing more than a question of fact to be decided by the trial judge, and his finding thereon will not be disturbed.
4. In view of what has been here said, it must be held that none of the constitutional rights of the petitioner were violated, and that there was no error in remanding him to the custody of the respondent.
Judgment affirmed. All the Justices concur.