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216 Ga. 390

116 S.E.2d 207

Baldwin v. Grimes

Supreme Court of Georgia

Decided September 8, 1960

Supreme Court of Georgia · decided 1960-09-08

Relies on Broyles v. Mount · Blackwell v. Jennings · Mathews v. Foster

Good law ✅— No negative treatment on recordhow we know

Decided 1960-09-08

How this case has been cited

Cited by 5 later decisions — most recently September 2003

5 state decisions

3019601970198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Ducicworth, Chief Justice.

¶1 Where, in the trial of a habeas corpus case, it appears that the respondent is holding the petitioner in custody under an executive warrant based on an extradition proceeding, and the warrant is regular on its face, the burden is cast upon the petitioner to show some valid and sufficient reason why the warrant should not be executed, since there is a presumption that the Governor complied with the Constitution and law, and this presumption continues until the contrary appears. Blackwell v. Jennings, 128 Ga. 264 (57 S. E. 484); Broyles v. Mount, 197 Ga. 659 (30 S. E. 2d 48); Mathews v. Foster, 209 Ga. 699(4) (75 S. E. 2d 427). No evidence other than the warrant was introduced; hence the court did not err in remanding the custody of the petitioner to the respondent.

¶2 Judgment affirmed.

All the Justices concur.
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