CopyCited 16 times | Published | Florida 2nd District Court of Appeal
...941.03, Florida Statutes 1961, F.S.A. [1] ); and that the demand does not contain an allegation that he committed an act in the State of Florida or in a third state intentionally resulting in a crime in the State of North Carolina (as is required by § 941.06, Florida *328 Statutes 1961, F.S.A....
...ulted in the commission of a crime in North Carolina, does not contain the essential allegation that he committed an act in Florida intentionally resulting in a crime in North Carolina. The demand did not meet the requirements of either §
941.03 or §
941.06, supra, and it was, therefore, insufficient to authorize the issuance of the rendition warrant by the Governor of Florida under the authority of Chapter 941, Florida Statutes 1961, F.S.A....
...numerated in the said statute), has been fulfilled in the instant case. Thus, the form of the demand is sufficient, under § 88.061, supra, so as to authorize Clarke's extradition. Any other interpretation would render § 88.061 simply cumulative to § 941.06, since the latter section itself establishes the procedure for extradition of persons not present in the demanding state at the time of the commission of the crime....
...KANNER, Acting C.J., and WHITE, J., concur. NOTES [1] Section
941.03, Florida Statutes 1961, F.S.A.: "No demand for the extradition of a person charged with crime in another state shall be recognized by the governor unless in writing alleging, except in cases arising under §
941.06, 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 an authenticated copy of an indictment found or by information supported...
...lly 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." [2] Section
941.06, Florida Statutes 1961, F.S.A.: "The governor of this state may also surrender, on demand of the executive authority of any other state, any person in this state charged in such other state in the manner provided in §
941.03 with comm...
CopyCited 6 times | Published | Florida 4th District Court of Appeal
...proceeding. I would affirm the judgment. NOTES [1] "941.03 Form of demand. No demand for the extradition of a person charged with crime in another state shall be recognized by the governor unless in writing alleging, except in cases arising under § 941.06, 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 an authenticated copy of an indictment found or by information supported...
CopyCited 5 times | Published | Supreme Court of Florida
...It was clearly shown that the appellant was not within the State of New York at the time that the offense was alleged to have been committed and was not a fugitive from justice from the State of New York and was not subject to extradition as such. This Court held that sections
941.03 and
941.06, Florida Statutes (1941), [1] of the Florida Uniform Criminal Extradition Act were to be read in pari materia, i.e., "they require that the person sought to be extradited shall be charged by indictment, information or affidavit with *364 commi...
...We are of the view that these factual allegations can be supplied by the supporting documents, as they were in this case, i.e., the requisition warrant from Virginia, the rendition warrant from Florida, and the affidavit of the Commonwealth's prosecutor from the City of Colonial Heights. Section
941.06 provides that the Governor of Florida may surrender on demand of the governor of any other state, any person in Florida charged in such other state in the manner provided in section
941.03 with committing an act in Florida or in a third state, intentionally resulting in a crime in the demanding state. Section
941.03, as it relates to section
941.06, requires that the demand for extradition be in writing and accompanied by an authenticated copy of an indictment which substantially charges the person demanded with having committed a crime under the laws of the demanding state....
...ALDERMAN, C.J., and ADKINS, BOYD, OVERTON and McDONALD, JJ., concur. NOTES [1]
941.03 Form of demand. No demand for the extradition of a person charged with crime in another state shall be recognized by the Governor unless in writing alleging, except in cases arising under s.
941.06, 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 an authenticated copy of an indictment found or by information supported...
...ntially 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. 941.06 Extradition of persons not present in demanding state at time of commission of crime....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal
...The facts in this case are readily distinguishable from the facts in the case of Ennist v. Baden, 1946,
158 Fla. 141,
28 So.2d 160, because the facts in that case were that there was a charge of a crime and not a record of trial or conviction and in addition, the proceedings in that case were both under Section
941.03 and Section
941.06 and the record in that case conclusively shows that the accused in that case was not present in the demanding state at the time of the commission of the alleged crime....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 10 Fla. L. Weekly 2238
...NOTES [1] The allegation of "unauthorized control" over the property alleged to have been stolen is consistent with either physical presence or absentee control; hence, the indictment cannot be construed as unequivocally alleging that Josey was present in Alabama when the alleged offense was committed. Section 941.06, Florida Statutes (1983), governs extradition of persons not present in the demanding state at the time of the commission of the crime....
...983). [2] Section
941.03, Florida Statutes (1983), states: Form of demand. No demand for the extradition of a person charged with crime in another state shall be recognized by the Governor unless in writing alleging, except in cases arising under s.
941.06, 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 an authenticated copy of an indictment found or by information supported...
CopyCited 1 times | Published | Florida 3rd District Court of Appeal
...nst Wheaton. The new indictment charged the same conspiracy, expanded the time covered by the conspiracy, and set forth the offense in greater detail. On January 15, 1981, the Governor of Virginia again demanded the extradition of Wheaton, but under Section 941.06, Florida Statutes (1979)....
...her proceedings consistent herewith. NOTES [1] Under Section
941.03, it must be shown "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... ." [2] Under Section
941.06, it must be shown that the accused committed an act in a state other than the demanding state intentionally resulting in a crime in the demanding state even though the accused was not present therein when the crime was committed and did not flee therefrom....
CopyPublished | District Court of Appeal of Florida | 1963 Fla. App. LEXIS 3678
...of the Penal Law of the State of New York, McKinney’s Consol.Laws, c. 40. The Demand was in the form prescribed by §
941.03, Florida Statutes, F.S.A. 2 It *34 was not, however, in the form required by (nor does it purport to he made pursuant to) §
941.06, Florida Statutes, F.S.A., which provides for the extradition of a person charged with committing an act in Florida or in a third state intentionally resulting in a crime in the demanding state....
...eanor.” . The pertinent portions of the cited section are as follows: ‘‘No demand for the extradition of a person charged with crime in another state shall be recognized by the governor unless in writing alleging, except in cases arising under § 941.06, 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 an authenticated copy of an indictment found or by information supported by affidavit in the state having jurisdiction of the crime * * *....
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 19192
...(2) Whether petitioner was substantially charged with a crime in the [demanding state]. (3) Whether petitioner was a fugitive from justice, section
941.03, F.S.A., or whether he committed an act in a third state which intentionally resulted in the commission of a crime in the demanding State,
941.06....
...caine. The alleged conspiracy took place while the defendant was in Florida and contacted an individual who was in Virginia. Generally, the crime for which a fugitive is extradited is one which is committed in the demanding state. In addition, under Section
941.06, Florida Statutes (1979), a governor, on demand, may surrender a person charged with having committed an act intentionally resulting in a crime in the demanding state even though the accused was outside that state when the crime was committed. Clearly, the crime with which Soto is charged falls within the latter category. In Ennist v. Baden, supra, the court discussed the contents of an indictment which would satisfy Sections
941.03 and
941.06, supra: So, when the two sections [§§
941.03 &
941.06, Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 8193, 1991 WL 159147
...The second prong was satisfied, however, since Hunt was charged with violations of the Ohio Revised Code in three separate counts of the indictment. Hunt’s physical presence in the State of Ohio when the crimes allegedly were committed and a subsequent departure from that state are not essential to the extradition since section 941.06 of the Florida Statutes contemplates the situation where technically one is not a fugitive from the state seeking extradition. The fourth prong, while important in the facts underlying the opinion in Doran , is not an appropriate consideration in the crimes contemplated by section 941.06. In Doran , the person sought by the demanding state had been in that state and had fled from the jurisdiction of the state. In contrast, section 941.06 provides: 941.06 Extradition of persons not present in demanding state at time of commission of crime— The governor of this state may also surrender, on demand of the executive authority of any other state, any person in this state charged in such other stat...
