FRANK A. THOMPSON
v.
L. R. BAKER, SHERIFF OF PALM BEACH COUNTY, FLORIDA
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The court held that an unnecessary affidavit cannot invalidate a valid indictment for extradition purposes.
Appellant sought habeas corpus to avoid extradition, arguing he violated no Illinois law based on an affidavit accompanying the indictment. The affida…
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The State of Illinois sought to extradite appellant under authority of 18 U.S.C.A. Sec. 662. Appellant seeks by habeas corpus to show that he is not a fugitive because it appears from the record that he has violated no law of Illinois. He was remanded to custody by the circuit judge and we review that order.
The record before the Court reveals that appellant was indicted in the State of Illinois of the crime of a “Confidence Game.” This indictment charged a crime under the Illinois law. In seeking extradition the State of Illinois submitted a certified copy of the indictment and also an affidavit of the . principal state witness. The affidavit showed on its face that no crime was committed under the Illinois law. The indictment was dated January 4, 1944. The affidavit was dated January 10, 1944.
The question is whether we may in this proceeding visit the invalidity of the affidavit upon the indictment and thereby determine whether a crime has been charged under the Illinois law. The affidavit was unnecessary in that it was not *304required by law. It was not for the purpose of charging a crime and served no useful purpose other than to possibly identify the accused. Certainly affiant had no authority to nullify the solemn indictment of the grand jury. A similar case is that of In re Greenough, 31 Vt. 279; see also Ryan v. Rogers, 21 Wyo. 311, 132 Pac. 95. The essential requisites for extradition were fully set forth in our opinion, Chase v. State of Florida, 93 Fla. 963, 113 So. 103.
Finding no error in the judgment, the same is affirmed.
BUFORD, C. J., CHAPMAN and SEBRING, JJ., concur.
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Hyman Schneider v. Manheimer, 170 So. 2d 75 (Fla. 3d DCA 1964)…he judgment of an inferior court if there is any other adequate remedy. Lewis v. Lewis, Fla.1955, 78 So. 2d 711; Huie v. Lewis, Fla. 1954, 71 So. 2d 498; Pennekamp v. Circuit Court, 155 Fla. 589, 21 So. 2d 41 (1945); Sirman v. Conklin, 154 Fla. 304, 17 So. 2d 298 (1944); Saffran v. Adler, 152 Fla. 405, 12 So. 2d 124 (1943); Kilgore v. Bird, 149 Fla. 570, 6 So. 2d 541 (1942). It is petitioner’s position that he has no other adequate remedy because the order sought to be reviewed is an interlocutory order, an…
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Russom v. State, 109 So. 2d 30 (Fla. 1959)…n sixty days from and after the entry of the order, decision, judgment or decree, appealed from.” . Reed v. Cromer, 1923, 86 Fla. 390, 98 So. 329; Palmer v. Gulf Fertilizer Co., 1937, 127 Fla. 61, 172 So. 488; Sirman v. Conklin, 1944, 154 Fla. 304, 17 So. 2d 298. . Florida Appellate Rule 1.3. . Article V, Section 3, Florida Constitution, F.S.A. . Sikes v. Dade Lumber Co., 1929, 98 Fla. 451, 123 So. 918, 919.…
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State v. Sullivan, 155 Fla. 817 (Fla. 1945)…CHAPMAN, C. J., concurring specially: The legal sufficiency of an indictment among other questions was involved in the extradition proceedings of Thompson v. Sheriff Baker reported in 154 Fla. 303, 17 So. (2nd) 228. I, therefore, concur in the opinion and judgment as prepared by Mr. Justice BUFORD in the case at bar.…
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- Chase v. The State of Fla. ex rel. H. L. Burch, 93 Fla. 963 (Fla. 1927)