State ex rel. Myers v. Allen

Citations

• 83 Fla. 655
• 92 So. 155

Syllabus

<p>1. In extradition proceedings it is not imperative that the affidavit charging the offense shall show on its face that it was made before a magistrate, but .the Governor must have proof of that fact before him, and when extradition is resisted, the fact that the affidavit was made before a magistrate may be shown by the sheriff’s return on habeas corpus proceedings.</p> <p>2. The designation, “Magistrate,” includes city judge and esc officio justice of the peace.</p> <p>3. The sufficiency of a complaint is not to be tested in habeas corpus proceedings by the law governing criminal prosecutions in the State from which a fugitive from justice is sought to be extradited.</p> <p>4. In determining if the affidavit on indictment charging a fugitive from justice with a crime is sufficient, it is only necessary to consider whether it shows satisfactorily that the fugitive has been in fact, however, inartificially, charged with crime in the State from which he has fled.</p> <p>5. In determining if a petitioner in habeas carpus proceeding is a fugitive from justice the court may consider the statute of limitations of the demanding State, to establish the fact that he is not a fugitive from justice.</p> <p>G. A person who is not subject to prosecution for crimes in the demanding State is not a fugitive from justice; and where there is no doubt of the applicability of the statute of limitations to the offense with which he is charged, he should he discharged on habeas corpus proceedings.</p> <p>■ 7. Where statutes of limitations similar to that of the demanding State have been differently construed by the Supreme Appellate Courts of other states, and there has been no construction of the statute of limitations of the demanding State by its court of last resort, this court will not undertake to construe it but will leave to the demanding State the construction ,of its own statute.</p> <p>.8 The identity of the person taken in custody with the person who is claimed as a fugiti