In re Rock

SHINN, P. J. We issued a writ of habeas corpus upon petition of an attorney authorized to act for Harold Daniel Rock which contained averments “that applicant has been held on a Warrant of Rendition issued by the Governor of the State of California, based upon a Warrant of Extradition issued by the Governor of the State of Kansas; that said Warrant of Rendition, if allowed to become effective, would permit applicant to be removed from the jurisdiction of the above entitled Court to the State of Kansas to be tried upon the alleged charge of robbery, which applicant did not and could not have committed. That applicant can prove beyond any doubt that he was not in the State of Kansas on January 28, 1957, on which date the crime was alleged to have been committed, but was in fact in the State of California during the entire months of January and February, 1957. That applicant is prepared to prove by the testimony of five witnesses that he was present in the State of California County of Los Angeles on January 28, 1957.” Return was duly made and upon the hearing it was stipulated that the petition be deemed a traverse to the return. Petitioner was granted leave to file affidavits in support of the allegations of the petition and these have been duly filed and served upon the district attorney.

Presented with and as a part of the return was a requisition duly issued by the Governor of the State of Kansas addressed to the Governor of the State of California requesting the apprehension of Rock and his delivery to an agent of the State of Kansas. Attached thereto were exemplified copies of documents which in all respects complied with the require[725]ments of section 1548.2 of the California Penal Code. The warrant of the Governor of California is in due form.

It appears from the documents attached to the requisition that a complaint charging petitioner and another with armed robbery in Wyandotte County, Kansas, on January 28, 1957, was sworn to by the county attorney of Wyandotte County. The application of the county attorney to the Governor of the State of Kansas certifies that in his opinion the allegations of the complaint are true and that he believes that he has sufficient evidence to secure the conviction of the fugitive and it is stated further: “I further certify, that I have examined into the case and I am satisfied that a crime has been committed and that the person charged is the guilty person.”

It is settled law that where a warrant of rendition has been issued by the governor of this state in compliance with the requirements of section 1548.2 of the Penal Code the sole question on habeas corpus is whether the arrestee is a fugitive from justice of the demanding state.