Opinion
6 Div. 629.
January 9, 1940.
Appeal from Circuit Court, Jefferson County; C. B. Smith, Judge.
Petition of Vincent Horan for habeas corpus. From an order denying the writ, petitioner appeals.
Affirmed.
The warrant by the Governor contains the following recital: "His Excellency, John W. Bricker, Governor of the State of Ohio, by requisition dated the 25th day of August, 1939, has demanded of me, as Governor of the State of Alabama, the surrender of Vincent Horan, who, it appears, is charged by indictment, in the county of Hamilton in said State, with the crime of failing to provide for minor children (a duly certified copy of which indictment accompanies said requisition) and it appearing that said Vincent Horan has fled from justice in said State and taken refuge in the State of Alabama. * * *"
H. M. Powell, of Birmingham, for appellant.
Brief did not reach the reporter.
Thos. S. Lawson, Atty. Gen., and Wm. H. Loeb, Asst. Atty. Gen., for the State.
The recital in the warrant of the Governor is prima facie evidence of the facts recited. Pool v. State, 16 Ala. App. 410, 78 So. 407; Paulk v. State, 25 Ala. App. 212, 143 So. 585; Ex parte Paulk, 225 Ala. 420, 143 So. 585. The offense shown, in the absence of evidence to the contrary, is presumed to prevail in the requisitioning State. State v. Paulk, supra. This, with the Governor's warrant, was sufficient to authorize petitioner's retention in custody for removal by agents of said State. Barriere v. State, 142 Ala. 72, 39 So. 55.
In absence of a statement of the evidence as provided by Ala. Code, 1928, § 3238, it will be presumed the finding of the Circuit Court was without error. Pruitt v. State, 24 Ala. App. 340, 135 So. 310.
The record in this case consists of the petition; the preliminary writ; the return of the Chief of Police of Birmingham, to whom the writ was addressed; the warrant of Frank M. Dixon, Governor of Alabama, duly authenticated; notice to W. J. Wynn, City Attorney of Birmingham; the Judge's order denying the writ; the Appeal Bond and a copy of the Governor's warrant introduced in evidence; all of which were duly certified by the Clerk of the Circuit Court, in which the cause was tried.
The warrant of the Governor of Alabama appears to be regular in all particulars, and authorizes the arrest and detention of the petitioner and his delivery into the custody of the duly authorized Agent of the State of Ohio.
The proceedings appearing to be in all things regular, the order of the trial court is affirmed. Pruitt v. State, 24 Ala. App. 340, 135 So. 310; Thacker v. State, 20 Ala. App. 302, 101 So. 636; Paulk v. State, 225 Ala. 420, 143 So. 585.
There being no error in the record, the judgment is affirmed.
The judgment is affirmed.
Affirmed.