206 S.W.2d 426 | Tenn. | 1947
Robert Zahnd has appealed from the order of the lower Court dismissing his petition for writ of habeas corpus. His complaint in that petition filed on September 28, 1946 is that he had been held since September 25, 1946 in jail on a warrant which charged him with being a fugitive from justice from the State of Georgia, but that the warrant did not charge the crime he is alleged to have committed in Georgia as required by code section 11927, and that he had not been taken before a committing magistrate or allowed bail as provided by code section 11928. The return of the sheriff was that since the filing of the petition, to-wit, on October 1, 1946 a rendition warrant had been issued by the Governor for the return of Zahnd to the State of Georgia for crimes alleged to have been committed there.
The rendition warrant recites that Zahnd is "charged upon affidavits and warrants in the State of Georgia" with having committed certain offenses set out in the rendition warrant which further recites that the demand of the Governor of Georgia for this alleged fugitive was accompanied with "a copy of said affidavits and warrants" certified to as being authentic. *464
The contention made in the Court below and renewed here is that it was error not to sustain the writ on the ground that the fugitive from justice warrant "did not charge relator with the commission of a crime", and because he was denied a preliminary hearing on such fugitive from justice warrant as required by code sections 11927 and 11928. Since the record discloses that the rendition warrant had been issued prior to the hearing on thehabeas corpus petition our case of State ex rel. Van Scoyoc
v. State,
It is next contended that the rendition warrant was void because of its failure to recite "that the affidavits presented were sworn to before a magistrate of the State of Georgia". The case of Ex parte Powell,
It is finally contended that it was error not to continue the hearing of the petition until the relator could obtain the affidavits and other supporting evidence which had been presented to the Governor. There is nothing in the record to indicate that relator made any effort prior to the time of the hearing to procure these papers. This alone makes it necessary to reject that contention.
Affirmed.
All concur. *466