BALDWIN v. GRIMES

20970.

216 Ga. 390 (1960)

116 S.E.2d 207

BALDWIN v. GRIMES, SHERIFF.

Supreme Court of Georgia.

Decided September 8, 1960.

Rehearing Denied September 21, 1960.


Attorney(s) appearing for the Case

Chester E. Wallace, James R. Venable, for plaintiff in error.

Paul Webb, Solicitor-General, Eugene L. Tiller, Assistant Solicitor-General, contra.


DUCKWORTH, Chief Justice.

Where, in the trial of a habeas corpus case, it appears that the respondent is holding the petitioner in custody under an executive warrant based on an extradition proceeding, and the warrant is regular on its face, the burden is cast upon the petitioner to show some valid and sufficient reason why the warrant should not be executed, since there is a presumption that the Governor complied with the Constitution and law, and this presumption...

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