56 So. 736 | Ala. Ct. App. | 1911
On a hearing of the matter presented by the appellee’s petition for the writ of habeas corpus, the sheriff, to whom the writ was addressed, offered in evidence, in support of his return: (1) A demand or requisition for the petitioner made by the governor of Oklahoma upon the governor, of Alabama, which recited that the petitioner stands charged with the crime of embezzlement, committed in the county of Muskogee, in the state of Oklahoma, and that he had fled from the justice of the state of Oklahoma and taken refuge in the state of Alabama.; (2) a copy of an affidavit, made before a justice of the peace in and for said ■county of Muskogee, charging that petitioner had unlawfully, intentionally, etc., embezzled a stated amount
It was suggested that tbe papers accompanying tbe requisition upon tbe governor of Alabama should have been exemplified in tbe mode prescribed by tbe federal statute for tbe authentication of public acts and judicial proceedings in the several states. Tbe statute on that subject Avas not applicable. It was not suggested that there Avas a failure to comply with the requirement of the federal extradition statute as to the certificate by tbe demanding governor of tbe authenticity of tbe papers accompanying bis requisition which evidenced the charge of crime. —U. S. Rev. Stat. §5278 (U. S. Comp. St. 1901, p. 3597); 19 Cyc. 91.
The petitioner objected to the evidence offered, as above stated, in support of the sheriff’s return, upon the grounds, in substance, that, for aught that was shown thereby, petitioner has not been guilty of any violation of any law of the state of Oklahoma; and that the evidence did not show that petitioner had violated any criminal law of the state, of Oklahoma. The judges of this court being unable to reach a unanimous conclusion or decision on the questions raised by these objections the following questions of law were certified to the Supreme Court for its opinion thereon:
“Question 1. On the facts disclosed by the evidence,is it shown that the sheriff is entitled to hold the pe-ti-. tioner, in the absence of proof of the law of the state of Oklahoma which petitioner was charged with having violated?
“Question 2. Is the proof offered sufficient to show that petitioner was legally held by the sheriff, in the absence of proof showing that embezzlement constitutes a crime under the law of the state of Oklahoma?”
The following is the. concluding paragraph of the opinion of the Supreme Court (56 South. 735), which
It does not appear to the court that in any other respect was there any deficiency in the proof required to make out a case of lawful detention under requisition proceedings. The conclusion is that the circuit judge erred in discharging the petitioner.
Reversed and remanded.