Buchanan v. State ex rel. Fortin

Appellant has moved for reversal of a circuit court order providing for release on bond of an extradition defendant (after issuance by the Governor of Florida of an executive warrant of interstate extradition,1) pending his appeal from an order of remand entered in his unsuccessful proceeding in habeas corpus. See Tomarchin v. Kelly, Fla.App. 1960, 118 So.2d 788.

Under the established rule of law, recognized and pronounced by the Supreme Court of Florida and by this court, when an executive warrant of extradition has issued in the asylum state and habeas corpus is denied and an order of remand…