EX PARTE McNEELY

No. 35033.

363 S.W.2d 943 (1962)

Ex parte Edward McNEELY.

Court of Criminal Appeals of Texas.

Rehearing Denied January 23, 1963.


Attorney(s) appearing for the Case

Alan Haley, Houston, for appellant.

Frank Briscoe, Dist. Atty., and Carl E. F. Dally, Asst. Dist. Atty., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.


MORRISON, Judge.

This is an extradition case.

The demand of the Governor of the State of Mississippi was not executed by him or anyone performing his executive functions as provided by Section 1 of Article 1008a (Uniform Criminal Extradition Act), Vernon's Ann.C.C.P. The record is therefore void of "a statement of the Executive Authority of the demanding state that the person claimed" is subject to extradition, as is required by Section 3 of such Act.

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