Opinion
42167.
DECIDED APRIL 23, 1985.
Habeas corpus. Meriwether Superior Court. Before Judge Knight, Senior Judge.
Elliott, Turner Jones, Tyron C. Elliott, for appellant.
Arthur E. Mallory III, District Attorney, for appellees.
The transcript indicates that (1) the extradition documents on their face were in order, (2) the petitioner was charged with a crime in Texas, the demanding state, and (3) the petitioner is the person named in the demand for extradition. It is necessary neither that the petitioner be shown to have been in the demanding state at the time of the commission of the crime, nor that he had fled therefrom. Lyman v. Howard, 250 Ga. 185 ( 297 S.E.2d 21) (1982) and cit.
The requirements for extradition set forth in Michigan v. Doran, 439 U.S. 282 ( 99 S.C. 530, 58 L.Ed.2d 521) (1978), having been met, we affirm the judgment of the habeas corpus court. A petitioner is not entitled to two separate trials in two separate states. The appellant's defenses, that a civil remedy was being sought to be enforced and that the indictment was defective upon its face, are issues to be properly decided by courts in the demanding state, not by courts in an asylum state. Hutson v. Stoner, 244 Ga. 52, 53 ( 257 S.E.2d 539) (1979).
Judgment affirmed. All the Justices concur.