THE STATE OF FLORIDA EX REL. JOHN W. BUSTER, APPELLANT,
v.
E. WILSON PURDY, AS SHERIFF AND EX OFFICIO JAILER OF DADE COUNTY, FLORIDA, APPELLEE
THE STATE OF FLORIDA EX REL. JOHN W. BUSTER, APPELLANT,
E. WILSON PURDY, AS SHERIFF AND EX OFFICIO JAILER OF DADE COUNTY, FLORIDA, APPELLEE
219 So. 2d 43
Florida District Court of Appeal, Third District (1969)
Positive Treatment
Cited by 1 case
Opinion of the Court
The question of insanity in a habeas corpus proceeding is to be determined by the demanding State, not by the asylum State. See: Charlton v. Kelly, 229 U.S. 447, 33 S.Ct. 945, 57 L.Ed. 1274; Brewer v. Turner, 165 Kan. 330, 194 P.2d 507; State ex rel. Davey v. Owen, 133 Ohio St. 96, 12 N.E.2d 144, 114 A.L.R. 686; 31 Am.Jur.2d, Extradition, §§ 15, 51; Anno. 114 A.L.R. 693.
Therefore, the order here under review will not be disturbed.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Huguenot v. State, 230 So. 2d 488 (Fla. 1st DCA 1970)…e charged does not constitute coercion, either physical or psychological, so as to render a guilty plea which is otherwise freely and voluntarily given constitutionally infirm. See Hamilton v. State, 390 F. 2d 872 (5th Cir. 1968); Hamilton v. State, 219 So. 2d 43 (Fla.App. 1st 1969). We think the following excerpt from Dorsey v. Gill, 80 U.S.App.D.C. 9, 148 F. 2d 857 (1945), cert. denied 325 U.S. 890, 65 S.Ct. 1580, 89 L.Ed. 2003, is dispositive of appellant’s contentions in the case at bar: “* * * Everyon…
Authorities Cited
- Charlton v. Kelly, 229 U.S. 447 (U.S. 1913)