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318 S.W.2d 647

Ex parte Oliver

Court of Criminal Appeals of Texas

Decided December 3, 1958

Court of Criminal Appeals of Texas · decided 1958-12-03

Decided 1958-12-03

BELCHER, Commissioner.

¶1This is an appeal from the order of the judge of the 74th District Court of Mc-Lennan County refusing to discharge and remanding appellant to the custody of the arresting officer under the extradition warrant of the governor of this state, issued upon the requisition of the governor of the State of Arkansas.

¶2It is now made to appear by the motion of the criminal district attorney of Mc-Lennan County, filed herein, that the accusation upon which the requisition was based is no longer pending in the demanding state and all matters connected therewith have been' fully determined.

¶3Under the facts stated, said district attorney moves that the judgment of the trial court be reversed and the appellant ordered discharged from custody.

¶4The motion is granted. Accordingly, the judgment remanding appellant to custody under the executive warrant is reversed and appellant ordered released from further custody thereunder.

¶5Opinion approved by the court.

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