Opinion · District Court of Appeal of Florida
Florida ex rel. Buster v. Purdy
219 So. 2d 43
- Type
- Opinion
- Court
- District Court of Appeal of Florida
- Jurisdiction
- Florida
- Date
- 1969-02-11
- Topic
- general
PER CURIAM. The question of insanity in a habeas corpus proceeding is to be determined by the demanding State, not by the asylum State. See: Charlton v. Kelly, 229 U.S. 447, 33 S.Ct. 945, 57 L.Ed. 1274; Brewer v. Turner, 165 Kan. 330, 194 P.2d 507; State ex rel.
Citator
UpLaw has not yet analyzed Florida ex rel. Buster v. Purdy. The absence of a flag is not a finding that it is good law.
- Cited by
- 6 opinions
The question of insanity in a habeas corpus proceeding is to be determined by the demanding State, not by the asylum State. See: Charlton v. Kelly, 229 U.S. 447, 33 S.Ct. 945, 57 L.Ed. 1274; Brewer v. Turner, 165 Kan. 330, 194 P.2d 507; State ex rel. Davey v. Owen, 133 Ohio St. 96, 12 N.E.2d 144, 114 A.L.R. 686; 31 Am.Jur.2d, Extradition, §§ 15, 51; Anno. 114 A.L.R. 693.
Therefore, the order here under review will not be disturbed.
Affirmed.