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147 Fla. 521

3 So.2d 124

State Ex Rel. Johnson v. Sweat

Supreme Court of Florida

Decided June 17, 1941

Supreme Court of Florida · decided 1941-06-17

Cited by 1 later decisions — most recently January 1957

1 state decisions

Relies on Chase v. State Ex Rel. Burch

Good law ✅— No negative treatment on recordhow we know

Decided 1941-06-17

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Buford, J.

¶1 On writ of error we review judgment of remand in habeas corpus proceedings.

¶2 Petitioner was arrested under a fugitive warrant pursuant to Section 8498 C. G. L., and sued out writ of habeas corpus.

¶3 Respondent made return showing petitioner was held under the fugitive warrant and under a rendition warrant issued by the Governor of Florida on the requisition of the Governor of Georgia.

¶4 The rendition warrant issued by the Governor of Florida appears regular on its face and shows that it was issued in conformity with the applicable Acts of Congress.

¶5 The allegations of the petition for writ of habeas corpus were not sufficient to overcome the presumption of the regularity of the proceedings and documents supporting the warrant of rendition.

¶6 The judgment should be affirmed on authority of *523 the opinion and judgment in the case of Chase v. State ex rel. Burch, 93 Fla. 963, 113 Sou. 103.

¶7 So ordered.

¶8 Affirmed.

Brown, C. J., Whitfield and Adams, J. J., concur.
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