This is an appeal from an order of the Talladega Circuit Court in response to a motion by Accardo for a writ of habeas corpus ad deliberandum et recipiendum. (3 Bl.Com. 130.)
The order appealed from reads as follows:
Accardo complains that he is entitled to a speedy trial for second degree burglary arising out of an alleged breaking into the First Methodist Church of Sylacauga.
A delay of trial for twelve years of a prisoner in the Alabama penitentiary violated his constitutional right to a speedy trial, Ex parte State ex rel. Attorney General, 255 Ala. 443, 52 So.2d 158. However, we cannot conceive of this principle applying to a prisoner who has made his trial impossible, first, by escaping from the State, and, second, by some other misconduct putting himself in the jurisdiction and custody of the prison system of another sovereign. These circumstances evoke a doctrine like unto the suspension of the running of the statute of limitations during absence from the State.
Accardo's being in the custody of the Attorney General of the United States
Moreover, the ambit of the writ is confined to the territory of the sovereign who is asked to grant it, Johnson v. Eisentrager, 339 U.S. 763, 70 S.Ct. 936, 94 L.Ed. 1255; code 1940, T. 15, § 1. Also, it is addressed to a person under the dominion of that sovereign, for the custodian alone can produce the body. The operation of comity between jurisdictions does not confer on the prisoner any right to be kept from or given to another jurisdiction. Perry v. Gwartney, 162 Kan. 607, 178 P.2d 185; Com. v. Domanski, 332 Mass. 66, 123 N.E.2d 368; Nolly v. State, 35 Ala.App. 79, 43 So.2d 841.
Judge Fee of the Ninth Circuit, in Strand v. Schmittroth, 251 F.2d 590, 610, concludes a most erudite and comprehensive opinion:
Under Code 1940, T. 15, § 369, as amended, we have authority to render judgment on the original petition. However on authority of Ex parte McMillan, supra, and T. 15, § 1, we hold that Accardo's petition on its face was a nullity. There being no jurisdiction of the subject matter, the appeal here is due to be