Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

People Ex Rel. Agee v. Elrod

OPINION FILED MARCH 6, 1981.

THE PEOPLE EX REL. ARTHUR AGEE, RELATOR-APPELLANT,

v.

RICHARD J. ELROD, SHERIFF OF COOK COUNTY, RESPONDENT-APPELLEE.



APPEAL from the Circuit Court of Cook County; the Hon. RICHARD J. FITZGERALD, Judge, presiding.

MR. JUSTICE MEJDA DELIVERED THE OPINION OF THE COURT:

Arthur Agee, relator, appeals from an order denying his petition for a writ of habeas corpus filed subsequent to his arrest by the sheriff of Cook County, pursuant to an extradition rendition warrant issued by the Governor of Illinois at the request of the Governor of Alabama. We affirm.

The issues raised on appeal are: (1) whether the requisition papers of the Governor of Alabama sufficiently complied with the statutory requirements set forth in section 3 of the Uniform Criminal Extradition Act (Ill. Rev. Stat. 1977, ch. 60, par. 20); (2) whether remanding relator to the State of Alabama would violate his constitutional rights; and (3) whether the requisition of the Governor of Alabama was void because the individual named to receive relator was without the authority to do so.

On February 16, 1979, the Governor of Alabama signed a requisition demand that relator, Arthur Agee, be extradited to Alabama. The requisition stated that the relator "stands CONVICTED OF GRAND LARCENY/LARCENY FROM PERSON AND ESCAPED FROM LAWFUL CUSTODY * * *." A rendition warrant commanding relator's arrest was issued by the Governor of Illinois on March 1, 1979. Following his arrest pursuant to that warrant, relator petitioned the court for a writ of habeas corpus. On July 17, 1979, the legal advisor to the Governor of Alabama filed additional supporting documents in the Office of the Secretary of State of Illinois. These documents included copies of the docket sheets maintained in relator's grand larceny and larceny from person trials conducted in Alabama. On January 31, 1980, a hearing was held to consider relator's amended petition for a writ of habeas corpus. The petition was denied. Relator appeals from the denial of his amended petition.

OPINION

Relator first contends that the requisition papers demanding his extradition submitted by the Governor of Alabama to the Governor of Illinois are deficient because they do not comply with the necessary form and content requirements of a demand for extradition, as set forth in section 3 of the Uniform Criminal Extradition Act.

That section states in pertinent part that:

"No demand for the extradition of a person charged with crime in another state shall be recognized by the Governor unless in writing alleging, * * * that the accused was present in the demanding state at the time of the commission of the alleged crime, and that thereafter he fled from the state, and accompanied by a copy of an indictment found or by information supported by affidavit in the state having jurisdiction of the crime, or by a copy of an affidavit made before a magistrate there, together with a copy of any warrant which was issued thereupon; or by a copy of a judgment of conviction or of a sentence imposed in execution thereof, together with a statement by the Executive Authority of the demanding state that the person claimed has escaped from confinement or has broken the terms of his bail, probation or parole. The indictment, information or affidavit made before the magistrate must substantially charge the person demanded with having committed a crime under the law of that state; and the copy of indictment, information, affidavit, judgment of conviction or sentence must be authenticated by the Executive Authority making the demand." (Ill. Rev. Stat. 1977, ch. 60, par. 20.)

Although this section provides three alternate documentation methods to support a requisition demand, including attaching a copy of an indictment or an information supported by affidavit, or a copy of an affidavit made before a magistrate, together with a copy of any warrant issued thereupon, or a copy of a judgment of conviction or of a sentence imposed together with a statement by the executive authority of the demanding state that the relator has escaped from confinement (People ex rel. Hackler v. Lohman (1959), 17 Ill.2d 78, 160 N.E.2d 792, cert. denied (1960), 361 U.S. 963, 4 L.Ed.2d 544, 80 S.Ct. 591), relator's sole objection to the sufficiency of the requisition papers in the instant case is that they charge him with the offense of "escape" but do not support the charge by affidavit before a magistrate.

Relator asserts that he has been charged with an offense because the requisition recites that he "stands CONVICTED OF GRAND LARCENY/LARCENY FROM PERSON AND ESCAPED FROM LAWFUL CUSTODY." To assess the merits of relator's contention, a consideration of the language recited in the requisition and in accompanying documents is required.

The requisition used by the Governor of Alabama is a standard form with appropriate blanks for the insertion of the names of the relator, the crime or crimes charged, the county in which the crime occurred, the asylum State, and the agent into whose custody the relator is to be entrusted. In the requisition submitted by the Governor of Alabama to extradite relator, the printed words "charged with the crime of * * *" have been struck through and replaced by the typewritten words "CONVICTED OF * * *." Clearly, on its face the requisition does not charge petitioner with any crime for the word "charged" has been intentionally eliminated from the form by the Governor of Alabama and replaced by the word "convicted." Thus, the challenged language affords only two reasonable interpretations: (1) that the requisition recites that relator has been convicted of two crimes, grand larceny and larceny from person and is an escapee; or (2) that the requisition recites that relator has been convicted of three crimes, grand larceny, larceny from person, and escape. However, relator does not even assert the second interpretation on appeal.

At his habeas corpus hearing relator presented no additional evidence beyond the completed requisition document itself to support his interpretation that the requisition charged him with the offense of "escape." Respondent, however, introduced into evidence a number of documents, including the rendition warrant issued by the Governor of Illinois in support of his contention that the requisition demand rested on relator's conviction of grand larceny and larceny from person and current status as an escapee. The rendition warrant issued by the Governor of Illinois recited that:

"The Governor of the STATE of ALABAMA * * * has produced and laid before me a copy of an TRANSCRIPT, certified as authentic by the said Governor and duly authenticated, and charging the said ARTHUR GENE AGEE with 29TH having been convicted on the 14TH day of January 1971 JEFFERSON/JUNE, A.D. 71, in the County of JEFFERSON, in the said STATE OF ALABAMA, the crime of GRAND LARCENY/LARCENY FROM PERSON, CONVICTED THEREOF AND THEREAFTER ESCAPED FROM LAWFUL CUSTODY * * *."

A reading of the rendition warrant indicates that it rests not on any offense charged against relator, but rather on his conviction in Alabama of the crimes of grand larceny and larceny from person and his alleged current status as escapee. The warrant also indicates that the Governor of Illinois was satisfied by the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.