39 N.E.2d 994 | Ill. | 1942
Appellant, Richard F. Poncher, filed his petition for habeascorpus in the criminal court of Cook county praying to be discharged from the custody of Thomas J. O'Brien, sheriff of said county. Appellant was in the custody of the sheriff by virtue of a capias issued for the arrest of appellant upon the denial of a petition for rehearing in the case of People ex rel. Poncher v.O'Brien,
In the present case it is the contention of appellant that the signature purporting to be attached to the rendition warrant by former Governor Henry Horner was a forgery and therefore said warrant was utterly void. It appears from the former case, as well as from the petition, that the rendition warrant of Governor Horner had been issued before the filing of the first habeascorpus proceeding in People v. O'Brien, supra.
It is contended that extradition being based upon the Federal statute a new question is presented which should be reconsidered by this court. No Federal question is involved in the proposition of whether the signature of former Governor Horner was forged to the rendition warrant, as such issue involves a pure question of fact. There is no proof in the record to show that the signature of former Governor Horner was forged as alleged in the petition. The testimony adduced by appellant shows that the Governor's secretary was authorized by Governor Horner to sign such warrants. The signing of a warrant for extradition by the Governor of a State is a ministerial function, and all that is required is that he direct his name to be so affixed. The statute does not require that the Governor sign a warrant, but merely that he "issue his warrant."
In State v. Moeller, 253 N.W. (Minn.) 668, and in Young v.Stoutamire,
It further appears in the record that in February, 1941, after the petition for rehearing had been denied by this court, the present Governor, Dwight H. Green, directed that the extradition warrant involved in this case stand as originally issued. InState v. Moeller, supra, where an extradition warrant had been quashed and was directed by the Governor to be reinstated it was held sufficient against the petition for habeas corpus, even though the Governor did not actually sign it.
We are further of the opinion that the criminal court of Cook county properly dismissed the petition under authority of Peopleex rel. Stead v. Superior Court,
There is no merit in the appellant's contention, and the judgment of the criminal court of Cook county is, accordingly, affirmed.
Judgment affirmed. *130