Middlebrooks
Ross, Sheriff v. Middlebrooks
Opinion
Opinion
Orr, J.
We have for consideration a so-called “chain gang fugitive” case, presenting the question of the appropriate scope of inquiry on habeas corpus proceedings brought by a prisoner held for interstate rendition. Middlebrooks was convicted and sentenced in Georgia and escaped from a Georgia chain gang. He was found in California and arrested by the California authorities pursuant to a demand for rendition from the Governor of the State of Georgia. The demand appeared on its face to be valid, and was accompanied by certified copies of the indictments concerned and other papers.
Middlebrooks then sought release on a writ of habeas corpus in the California courts and exhausted his remedy in that state. The same contentions were made in the state courts as here. The state courts denied the petitions on the ground that the California courts had no jurisdiction to determine the questions presented. Middle-brooks then petitioned the United States District Court for the Southern District of California for relief. He alleged, and the District Court found, that (1) the Georgia conviction which gave rise to Middlebrooks’ incarceration was void, in that it was procured without a trial, without a…