162 Tex. Crim. 293 - Ex Parte Guinn’s Empirical Analysis

Citation profile

13 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Appellant, in asking for a reversal of this judgment,. relies, upon proof that he was incarcerated in the county jail of Beckham County, Oklahoma, under a complaint charging him with burglary at the time he was surrendered to the Sheriff of Potter County, Texas, for transmittal to Texas to there answer a criminal charge and that such burglary charge in Oklahoma was not dismissed. Plis position is that since he was brought to Texas involuntarily he could' not be a fugitive from justice in Oklahoma. Pie further contends that since the officials of Beckham County, Oklahoma, voluntarily surrendered the possession of appellant’s person to the Texas officers before they had prosecuted him under the complaint there pending they should be estopped to ask for the appellant’s return. “We have concluded that appellant’s first contention is answered by paragraph two of Section 5 of the Uniform Criminal Extradition Act, Vernon’s Ann.C.C.P. art. 1008a, § 5, which reads as follows: “ ‘The Governor of this State may also surrender on demand of the Executive Authority of any other state any person in this State who is charged in the manner provided in Section 23 •of this Act with having violated the laws of the state whose Executive Authority is making the demand, even though such person left the demanding state involuntarily.’ “ * * * Section 2SB of the Uniform Act provides that nothing in the act shall be construed as a waiver of the right, power or privilege of a State to regain custody o”

   1 later decision quote this exact passage
   e.g. Application of Butler