87 N.E.2d 765 | Ill. | 1949
Pursuant to a requisition for the rendition of appellant as a fugitive from justice made by the Governor of the State of Missouri, an extradition warrant for his arrest and detention was issued by the Governor of the State of Illinois. Appellant was arrested by the sheriff of Madison County and taken before the circuit court where he was permitted to file a petition for writ of habeas corpus, as provided by law. The sheriff's return to the writ showed that appellant was being held in custody by virtue of the Governor's warrant. After a hearing before the court, the writ was quashed. A direct appeal was perfected to this court.
Appellant urges as grounds for reversal that the affidavit charging the commission of the crime is insufficient in law upon which to base a requisition for a warrant of extradition under the act of Congress and that the instant requisition issued in Missouri upon the original insufficient affidavit or complaint is a nullity. He argues that the record does not show that the Governor of the State of Missouri had produced and laid before the Governor of the State *83 of Illinois a copy of an affidavit, certified as authentic by the said Governor of Missouri and duly authenticated. He says that the only document signed by the Governor of Missouri is an instrument appointing an agent and that there is no certification of any affidavit. It is also claimed that appellant was not in the State of Missouri when the alleged crime was committed.
The warrant issued by the Governor of Illinois was introduced in evidence with certain other papers but the requisition signed by the Governor of Missouri does not appear in the record nor does the record show that the papers introduced were all of the supporting papers laid before the Governor of Illinois by the Governor of the demanding State.
Our Fugitive from Justice Act (Ill. Rev. Stat. 1947, chap. 60, par. 1,) provides in substance that whenever the executive of any other State shall demand of the executive of this State any person as a fugitive from justice, and shall have complied with the requisitions of the act of Congress in that case made and provided, it shall be the duty of the executive of this State to issue his warrant, etc. The said act of Congress (
The responsibility of determining whether one is a fugitive from justice rests with the Governor issuing an *84
extradition warrant, and as the character of the evidence is not prescribed by statute, it need only be satisfactory to the Governor, and the warrant may be issued if it appears that the accused is substantially charged with a crime against the laws of the demanding State by an indictment or affidavit before a magistrate, certified as authentic, and that the person demanded is a fugitive from justice. People ex rel. Chevlin v.O'Brien,
The character of the evidence adduced to authorize the executive to grant a requisition is not a matter of particular concern since not prescribed by the Federal statute, and it need only be satisfactory to the Governor. People ex rel. Buxton v.Jeremiah,
It is not for the judicial branch of the government to interfere with a considered order of the executive, unless that order be so palpably and conclusively shown to be wrong as to warrant an inference of fraud or inadvertence. (People ex rel.Guidotti v. Bell,
Where the requisition signed by the Governor of the demanding State is not in the record and the recitals in the warrant issued by the Governor of this State are not contradicted by evidence, such recitals must be accepted as true. The recitals contained in the Governor's warrant *85
were sufficient to make out a prima facie case showing that the detention of the appellant by the sheriff on the authority of that warrant was legal. (People ex rel. Flowers v.Gruenewald,
Appellant confined his efforts to overcome the prima facie case to attacking the affidavit for complaint, and the State warrant. He charges that these instruments were not certified by the Governor of the demanding State and were, therefore, not sufficient to justify the detention of appellant as a fugitive from justice. It is obvious from an examination of the record that the instruments complained of as being insufficient were merely incorporated as a part of the petition for requisition, directed to the Governor of the demanding State. The actual requisition, signed by the Governor of that State in response to the petition for requisition was not offered in evidence nor is it shown that the record contains all of the supporting papers which accompanied the petition for requisition.
Whether or not the person demanded is substantially charged with crime against the laws of the demanding State by indictment or affidavit before a magistrate is a question of law, the determination of which must be made from the requisition and the accompanying or attached papers. (People ex rel. Carr v.Murray,
In all cases the technical sufficiency of the indictment or affidavit must be determined by the courts of the demanding State and not on habeas corpus proceedings in the courts of this State. (People v. Gruenewald,
There being no evidence in the record to overcome the primafacie case made by the issuance of the Governor's warrant, appellant was not entitled to be discharged.
The evidence as to whether or not appellant was in or absent from the demanding State when the alleged crime was committed is contradictory. This court will not discharge one arrested under a Governor's warrant where the evidence on the fact of the presence in or absence from the State demanding the person is merely contradictory. People ex rel. Downer v. O'Brien,
The judgment of the circuit court of Madison County quashing the writ of habeas corpus and remanding the appellant to the custody of respondent, to be delivered to the agent of the State of Missouri, is affirmed.
Judgment affirmed. *87
