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246 Ga. 577

Smith v. Bell

Supreme Court of Georgia

Decided October 22, 1980

Supreme Court of Georgia · decided 1980-10-22

Cited by 1 later decisions — most recently October 1986

1 state decisions

Relies on Hutson v. Stoner · McCullough v. Stynchcombe

Good law ✅— No negative treatment on recordhow we know

Decided 1980-10-22

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Undercofler, Chief Justice.

¶1The burden of proof in an extradition case is on the person resisting extradition once the State has made a prima facie case that the extradition is proper. Hutson v. Stoner, 244 Ga. 52 (257 SE2d 538) (1979). The evidence here supports the habeas court’s ruling that the extradition papers are in order and that the petitioner is the person named in the proceedings. The summary nature of extradition does not deny petitioner due process. McCullough v. Stynchcombe, 243 Ga. 24 (252 SE2d 453) (1979).

¶2Judgment affirmed,

All the Justices concur.Charles Crawford, District Attorney, for appellee.
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