13 S.E.2d 665 | Ga. | 1941
The record disclosing that the plaintiff in error was a fugitive from justice from the State of Pennsylvania, arrested on the warrant of the Governor of this State and held in custody by the sheriff of Fulton County pending the arrival of an agent of the State of Pennsylvania, to whom the fugitive was ordered by the Governor of this State to be delivered by the sheriff, the order being upon a requisition made upon him by the Governor of Pennsylvania, all of which orders were regular on their face, it was not erroneous to refuse to discharge the prisoner under a writ of habeas corpus. Compare Scheinfain
v. Aldredge,
Judgment affirmed. All the Justicesconcur.
The respondent denied the foregoing allegations of the petitioner, and submitted to the court certain documents to substantiate his position, among which were: Order for the arrest of paroled prisoner, signed by the Secretary of the Board of Pardons of the State of Pennsylvania; warrant signed by the Governor of Pennsylvania, empowering a named person to receive the prisoner from the authorities of this State and convey him to the authorities of the State of Pennsylvania; and the order of the Governor of this State honoring the requisition of the Pennsylvania Governor. At the hearing evidence was further submitted by petitioner and respondent; whereupon the court denied plaintiff's prayer for discharge, and remanded him to the custody of the respondent, to be dealt with as law directs. Petitioner excepted.