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Foley v. State

Decided: September 22, 1954.

JAMES A. FOLEY, PLAINTIFF-APPELLANT,
v.
STATE OF NEW JERSEY AND STATE OF CALIFORNIA, DEFENDANTS-RESPONDENTS



Eastwood, Goldmann and Schettino. The opinion of the court was delivered by Eastwood, S.j.a.d.

Eastwood

The plaintiff-appellant, James A. Foley, instituted habeas corpus proceedings in the Camden County Court by which he sought to be discharged from arrest under warrant of rendition issued by the Governor of this State pursuant to requisition of the Governor of California, having been charged in that state with child stealing on or about November 20, 1953, in violation of section 278 of the Penal Code of California. From the judgment of the Camden County Court discharging the writ and directing that the appellant be remanded to the custody of the duly accredited agent of the State of California, the appellant takes this appeal.

On February 24, 1954, upon honoring the requisition of the State of California, the Governor of this State issued a

rendition warrant for the arrest of the appellant and his delivery to William A. Miller, the authorized agent to receive and convey him back to the State of California, there to be dealt with according to law. Mr. Foley was apprehended in Camden, New Jersey, on January 28, 1954. He was arraigned before Municipal Judge Benjamin Dzick on January 29, who continued the matter until March 1 and then granted a further continuance until the 15th day of March, on which latter date Judge Dzick referred the matter to the County Court, on the ground that the municipal court did not possess jurisdiction over extradition proceedings.

At a hearing before County Judge Rocco Palese several adjournments were taken. Finally, at the suggestion of Judge Palese, the appellant filed a petition for the issuance of the writ of habeas corpus which was granted, hearing held thereon, and at the conclusion thereof the writ was discharged and the appellant was remanded to the custody of the accredited agent of the State of California.

The appellant contends that the trial court should have considered evidence to determine whether there was probable cause or reasonable grounds for believing that the plaintiff had committed the crime of stealing his own children and as to the motives of the complaining witness; that the affidavit made in the State of California had not been certified as authentic either by the Governor or Chief Magistrate of that state; that the agent of the demanding State of California never appeared in this State; that the evidence in the case disclosed that he was not in California on the date of the alleged crime charged in the affidavit of Mrs. Lawson; and that the extradition proceedings were fatally defective because no demand was ever made by the Governor of California.

As will appear by our discussion of the issues, it is important to quote the pertinent language of the rendition warrant, to wit:

"Whereas, It has been represented to me by his Excellency the Governor of the State of California that James A. Foley stands charged in said State with the crime of child stealing (P.C. 278)

committed in the County of Alameda in said State and that he has fled from justice of the State of California and taken refuge in the State of New Jersey, and the said Governor having in pursuance of the Constitution and Laws of the United States, demanded of me that I shall cause the said fugitive to be arrested and delivered to William A. Miller, who is duly authorized to receive and convey him back to the State of California, there to be dealt with according to law;

And Whereas, The said representation and demand is accompanied by the documents required by the Laws of the United States and of this State, which are certified as authentic by the said Governor, and duly authenticated, whereby the said James A. Foley is shown to have been duly charged with the said crime and with having fled from the State of California and taken refuge in this State;

I have decided that the said demand be complied with and I command you and each of you to forthwith arrest the accused if he be found within your territorial jurisdiction, and, after complying with Sections 2A:160-18, 2A:160-19 and 2A:160-20 of the New Jersey Statutes, deliver said accused to William A. Miller the agent of said ...


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