Before HASTINGS, Chief Judge, and SCHNACKENBERG and KNOCH, Circuit Judges.
SCHNACKENBERG, Circuit Judge.
Raymond Everett Hackler, plaintiff, has appealed from an order of the district court, quashing a writ of habeas corpus issued upon his petition and remanding him to the custody of Frank G. Sain, sheriff of Cook county, Illinois, defendant.
The pertinent facts are not disputed.
Plaintiff was arrested in Illinois by defendant, who acted under the authority of a warrant of arrest issued by the governor of Illinois on February 25, 1958, reading, in part:
"The Governor of the State of North Carolina demands of me the arrest and delivery of Raymond Everett Hackler as a fugitive from justice and has produced and laid before me a copy of an commitment, warrant, certified as authentic by the said Governor and duly authenticated and charging the said Raymond Everett Hackler with having committed on the 19th day of June, A.D.1955, in the County of Guilford, in the said State of North Carolina, the crime of reckless driving, no Operator's license, drunk driving and no Operator's license, which the said Governor certifies to be a crime under the laws of said State of North Carolina * * *."
On March 17, 1958, relator filed a petition for writ of habeas corpus in the Criminal Court of Cook County, Illinois, which, as supplemented thereafter, contended that he had been detained in violation of his constitutional rights because the warrant of arrest was wholly invalid.
Following a trial, the court quashed the writ and remanded relator to custody for rendition to the State of North Carolina. The judgment of the Criminal Court was affirmed by the Supreme Court of Illinois. People ex rel. Hackler v. Lohman, 17 Ill.2d 78, 160 N.E.2d 792.
Relator's petition charges that he is deprived of due process of law in violation of amendment XIV of the constitution of the United States. He states that the Supreme Court of Illinois held that the process was invalid.
From the opinion of that court, 17 Ill.2d at page 80, 160 N.E.2d at page 794, it appears:
"The sheriff's return to the writ of habeas corpus alleged that relator was in his custody by authority of the rendition warrant issued by the Governor of Illinois on requisition of the Governor of North Carolina; that all papers were legal; that relator was a fugitive from justice charged with offenses against the laws of the State of North Carolina and was the person named in the extradition papers and Governor's warrant. No papers or documents accompanied the return. At the hearing the defendant introduced only the rendition warrant. Relator then moved for a discharge on the ground that the warrant was void on its face. After argument by counsel in support of the motion, the trial judge stated that he did not believe the case should be decided on a technicality, and counsel expressed a desire to offer evidence. The court indicated approval and stated that it did not wish to rule on the case piecemeal.
"The relator then testified that he was the person named in the Governor's warrant; that he had lived in Chicago two years; that he was convicted in the State of North Carolina on the charges named in the warrant and was sentenced to imprisonment, but had served his full sentences; * * *.
"After relator had testified, his counsel introduced, without objection, copies of certain documents which had been filed by the North Carolina authorities in support of the extradition proceedings. These included the request of its Governor for the return of relator as a fugitive and the sworn statement of the director of prisons that relator had been convicted of certain crimes and sentenced to imprisonment; and that he had escaped while serving the sentences. Copies of the commitments were also offered in evidence.*fn1
"The relator takes the position that the trial court could not properporting papers in determining the legality of his arrest and detention, but must decide the case by referly consider the contents of the supence to the provisions of the rendition warrant alone; and that since the latter document failed to comply with sections 3 and 7 of the Uniform Criminal Extradition Act, (Ill.Rev.Stat.1957, chap. 60, pars. 20 and 24,) it was void and the relator was entitled to discharge."
Inasmuch as plaintiff, in the case at bar, relied upon the Illinois Act just referred to, we proceed with the Illinois court's discussion of that Act, in connection with plaintiff's resistance to extradition. At page 81 ...