Ex parte Powell

Citations

• 20 Fla. 806

Syllabus

<p>FIRST WRIT OF ERROR.</p> <p>1. The act of Congress, February 12, 1793, relating to the rendition of fugitives from justice, requires that a copy of an indictment or an affidavit made before a magistrate, charging the person demanded with having committed a crime in the State from which he fled, shall be produced and authenticated by the Governor demanding the rendition. When an affidavit so procured does not appear to have been made before a magistrate the warrant of arrest should not be issued.</p> <p>2. When the Governor issues a warrant for such arrest and recites that the demanding Executive produced and authenticated “a copy of affidavits charging” the commission of a-crime, not showing that such affidavits were made before a magistrate or judicial officer, it cannot bo presumed that the affidavits were made in the course of judicial proceedings for the prosecution of the person demanded, and upon its face the warrant of arrest fails to show that it was authorized by law.</p> <p>3. The Executive authority in such cases can be invoked and exercised only in aid of judicial proceedings, where persons are charged before magistrates in the course of prosecutions for crime.</p> <p>4. The only inquiry to be made (on habeas corpus) when a person has been arrested under a warrant for extradition is, whether the statutory prerequisites have been complied with.</p> <p>SECOND WRIT OF ERROR.</p> <p>1. This court, on writ of error, will consider only such questions as are presented upon the record of the proceedings in the Circuit Court. We oaunot assume that facts appeared on the hearing below which are not disclosed by the record.</p> <p>3. Facts or documents appearing of record in another cause should be proved by the record of that cause ; and if the same are not incorporated in the record this court cannot consider them on appeal or error.</p> <p>3. Petitioner having been discharged from custody by writ of habeas corpus, was again arrested, and now on habeas eoipus p