WALKER v. STATE

7 Div. 147.

51 So.2d 266 (1951)

WALKER v. STATE.

Court of Appeals of Alabama.


Attorney(s) appearing for the Case

Roberts & Cooper, Gadsden, for appellant.

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


CARR, Presiding Judge.

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.


Comment

1000 Characters Remaining

Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions.

User Comments

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases