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Walker v. State

Court of Appeals of Alabama
Mar 13, 1951
31 So. 2d 266 (Ala. Crim. App. 1951)

Opinion

7 Div. 147.

March 13, 1951.

Appeal from the Circuit Court, Etowah County, W.M. Rayburn, J.

Roberts Cooper, Gadsden, for appellant.

Si Garrett, Atty. Gen., for the State.


This is an appeal from a judgment of the circuit court denying petitioner's discharge in a habeas corpus proceeding. The cause below was based on extradition proceedings.

The recitals of the rendition warrant of the Governor of Alabama indicate that the jurisdictional facts required by law as a requisite for the issuance of the warrant were present.

The introduction of this document established a prima facie case for the detention of the petitioner by the officer acting pursuant to such warrant. State v. Smith, 32 Ala. App. 651, 29 So.2d 438; Tucker v. State, 34 Ala. App. 477, 41 So.2d 625. Appellant introduced no evidence to overcome this prima facie proof. In this state of the record the lower court's action in denying the writ must be affirmed.

It is so ordered.

Affirmed.

PRICE, J., recuses self.


Summaries of

Walker v. State

Court of Appeals of Alabama
Mar 13, 1951
31 So. 2d 266 (Ala. Crim. App. 1951)
Case details for

Walker v. State

Case Details

Full title:WALKER v. STATE

Court:Court of Appeals of Alabama

Date published: Mar 13, 1951

Citations

31 So. 2d 266 (Ala. Crim. App. 1951)
35 Ala. App. 612

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It is now well settled in this jurisdiction that the governor's rendition warrant, showing on its face all…