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452 S.W.2d 454

Ex parte Collins

Court of Criminal Appeals of Texas

Decided March 25, 1970

Court of Criminal Appeals of Texas · decided 1970-03-25

Cited by 8 later decisions — most recently October 2002

8 state decisions

Relies on Ex Parte Krarup · Ex Parte Preston

Good law ✅— No negative treatment on recordhow we know

Decided 1970-03-25

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¶1OPINION

DOUGLAS, Judge.

¶2This is an appeal from an order of the Honorable Jerry Woodard, Judge of the 34th Judicial District Court of El Paso County, in a habeas corpus proceeding remanding appellant to custody for extradition to the State of Louisiana.

¶3The Executive Warrant of the Honorable Preston Smith, Governor of Texas, regular on its face, was introduced making a prima facie case. The Warrant recited that appellant stood charged by affidavit made before a magistrate, with a warrant, before proper authorities with the crime of forgery of a check.

¶4Appellant’s counsel contends that extradition should not be granted where there is only an affidavit and no information or indictment. Article 51.13, Sec. 3, Vernon’s Ann.C.C.P., provides for extradition when there is a copy of an affidavit before a magistrate with a copy of any warrant which is issued thereon. See Ex parte Preston, Tex.Cr.App., 434 S.W.2d 136, and Ex parte Krarup, Tex.Cr.App., 422 S.W.2d 173.

¶5The supporting papers which contained two affidavits before magistrates were introduced, and they support rather than defeat the prima facie case made by the introduction of the Governor’s Warrant.

¶6The judgment is affirmed.

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