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EX PARTE FOSS

No. 46805.

492 S.W.2d 552 (1973)

Ex parte Frank FOSS.

Court of Criminal Appeals of Texas.

Rehearing Denied April 25, 1973.

Attorney(s) appearing for the Case

John L. Fashing, El Paso, for appellant.

Jim D. Vollers, State's Atty., and Robert A. Huttash, Asst. State's Atty., Austin, for the State.

OPINION

MORRISON, Judge.

This is an extradition proceeding.

Appellant's first contention is that the affidavit which is the basis of the Warrant of the Governor of the demanding State is defective because it is based upon information and belief. Reliance is had upon Ex parte Baker, 43 Tex.Cr.R. 281, 65 S.W. 91 (1901), and Ex parte Rowland, 35 Tex.Cr.R., 31 S.W. 651 (1895). Each of these cases was decided...

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