26 S.E.2d 453 | Ga. | 1943
In habeas corpus against a sheriff who is holding the petitioner in custody under a warrant of the Governor, issued under the Code, § 44-305, evidence that at a hearing held by a secretary of the Governor proof was offered, showing that the petitioner was not the person named in the extradition proceeding, affords no ground for discharging the petitioner from custody. There being no evidence on the habeas-corpus trial which showed that the petitioner was not in fact the person described in the extradition proceeding, and there being an identity of names, it was not error to remand the petitioner to the custody of the sheriff.
There is one provision in the statute for a hearing by the Governor as a prerequisite to the issuance of his warrant. The Code, § 44-302, declares: "If such fugitive shall have assumed another name in this State, and the Governor shall be satisfied, by evidence under oath filed in his office, of the identity of such person with the fugitive demanded, he shall state the fact in his warrant for the arrest." This provision of the statute becomes operative only when the fugitive has assumed a different name in this State; and its purpose is to ascertain in advance of the arrest whether or not the person having such assumed name is in fact the same person described in the requisition proceeding by another name, and thus *455
arm the arresting officer with adequate legal authority for taking into custody a person whose assumed name is different from the name appearing in the warrant. There is no question of an assumed name in the present case. The admitted name of the petitioner is identical with the name appearing in the extradition proceeding. This identity of names is prima facie an identity of persons. Shuler v. State,
Judgment affirmed. All the Justices concur.