Freeman v. BlackburnFreeman v. Blackburn
August 20, 1946, appellant was tried and convicted of “murder, first degree,” in the Circuit Court of Randolph County, Alabama. Punishment of life imprisonment in the Alabama penitentiary was imposed wherein he was confined August 29, 1946, and from which he escaped April 10, 1953. He was at large until February 1956, when he was apprehended and taken in custody at Haines City, Florida. He was placed in jail at Tampa, Hillsborough County, where he is still held in custody by appel-lee as Sheriff of Hillsborough County.
March 6, 1956, Honorable James Folsom, Governor of Alabama, transmitted to the Governor of Florida a requisition for extradition of appellant and on March 16, 1956, a hearing under Section 941.04, Flor
We are confronted with a motion to dismiss the appeal because it was not authorized by the trial court as provided by Section 79.11, Florida Statutes, F.S.A.
In response to the motion to dismiss appellant has filed an alleged nunc pro tunc order as follows:
“This cause coming on to be heard upon the motion for Order Nunc Pro Tunc granting permission as of March 28, 19S6 for Petitioner, McKinley Freeman, to appeal from this Court’s Order Quashing Writ of Habeas Corpus, it is, therefore, upon consideration thereof,
“Ordered, Adjudged and Decreed that said order Nunc Pro Tunc granting permission to appeal as of March 28, 1956.”
Casual inspection of the said order discloses that it is not complete but it is vague and indefinite and in present form it orders nothing, in that it fails to show that the court did actually give permission to petitioner to appeal and that through omission or inadvertence the said order was not recorded, nor does it show that permission was given to take the appeal as the statute requires. State ex rel. Brister v. Brister,
In his brief on the merits appellant contends that the warrant of extradition is fatally defective because of inconsistency on its face with the affidavit, the attestation and the annexed papers transmitted to the Governor of Florida by the Governor of Alabama.
Appellant does not deny that the accompanying papers attached to the warrant meet every requirement of the Federal Constitution, Art. IV, § 2, cl. 2, the Federal statute,
Under the Constitution and laws of the United States and the Uniform Criminal Extradition Act anyone charged with a crime and has fled from justice is subject to extradition. We think the warrant of extradition with the accompanying documents meet every requirement of the law and that appellant is subject to extradition. The questions he raises here are therefore without merit.
The order of the lower court quashing the writ of habeas corpus was proper and is accordingly affirmed.
Affirmed.