434 SW2D 675 - Ex Parte Hagar

How this case has been cited

Cited by 5 later decisions — most recently September 1997

5 state decisions

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.

¶1OPINION ON APPELLANT’S MOTION FOR REHEARING

MORRISON, Judge.

¶2Appellant, on rehearing, relies upon Ex parte Miller, Tex.Cr.App., 382 S.W.2d 937, and urges that such decision by this Court precludes his extradition to Oklahoma because appellant submitted to the jurisdiction of the Circuit Court of Lawrence County in the State of Alabama which ordered him to make certain payments for the support of his minor children, and that Sec. 6(e) of Art. 2328b-4,1 Vernon’s Ann. Civ.St. is thus applicable.

¶3Sec. 6(e), supra, is applicable only when “the person demanded is complying with the support order.” In the case at bar, there is an absence of any showing that appellant complied with the order of the Circuit Court of Lawrence County, Alabama. Sec. 6(e), supra, is therefore not controlling.

¶4We further note that extradition of appellant to Oklahoma is sought not upon the support order of any court, either in Alabama or Oklahoma, but upon a violation of Art. 21, Sec. 853 O.S.A. (a copy of which was introduced in evidence), which makes it a felony to “neglect or refuse to maintain or provide for” minor children. Appellant’s submission to the jurisdiction of any court is therefore immaterial insofar as his amenability to prosecution by Oklahoma authorities under Art. 21, Sec. 853, supra.

¶5Appellant’s motion for rehearing is overruled.

¶6. Formerly Art. 2328b-l, Sec. 6, V.A.C.S., r 30, p. 1561. ealed by Acts of 59th Leg. (1965), ch. 679, sec.