Ex parte Stanley

Citations

• 25 Tex. Ct. App. 372
• 8 S.W. 645
• 1888 Tex. Crim. App. LEXIS 64

Syllabus

<p>1. Habeas Corpus—Extradition Warrant.—It is not essential to the sufficiency of an extradition warrant that it shall set out in full or be accompanied by the indictment or affidavit upon which it is based. The rule is that if “the papers upon which the warrant of extradition is issued are withheld by the executive, the warrant itself can be looked to for the evidence that the essential conditions of its issuance have been complied with, and it is sufficient if it recites what the lawre- . quires.”</p> <p>2. Same.—Recital in the warrant of extradition that the demand of the Governor of the demanding State for the fugitives “was accompanied by a copy of said affidavit duly certified as authentic” is equivalent to a recital in the warrant that the said copy was certified as authentic by the Governor of the demanding State.</p> <p>3. Same.—If the demand for the extradition of the fugitive states facts which show that he is a fugitive from the demanding State to this State, it is sufficient without stating directly that he fled from the demanding State, and had taken refuge in this State.</p> <p>4. Same.—A warrant of extradition need not show that the crime charged against the fugitive in the indictment or affidavit is an offense against the laws of the demanding State,</p> <p>5. Same—Evidence .—The State was permitted to read in evidence a copy of an affidavit made in California charging the relator with the offense of obtaining money under false pretenses. Held that, the said copy being no part of the respondent’s return, nor attached thereto, nor accompanying the warrant, nor authenticated as evidence, nor shown nor claimed to be evidence upon which the warrant was based, its admission in evidence was error, but not such error as will operate to discharge the relator. ,</p>