Ex parte Walters

Citations

• 106 Miss. 439
• 64 So. 2

Syllabus

<p>1. Bxteadxtion. Duty of governor. Proceedings. Proof of charge. Issuance of warrant. Effect. Habeas corpus. Purpose of writ. Defenses. Conflicting evidence of guilt.</p> <p>' The interstate extradition of criminals is governed by the laws of the United States and under the provisions of Revised Statutes of United States, section 6278 (U. S. Comp. St. 1901, page 3697) enacted pursuant to Constitution of United States, article 4, section 2, clause 2, it is the duty of the executive of the state where the fugitive is found to cause him to be arrested, surrendered, and delivered to the appointed agent of the demanding state to be taken to that state.</p> <p>2. Same.</p> <p>It is incumbent upon the executive of the state to which the accused has fled to assure himself that the accused is a fugitive from justice. He may insist on proof but the character of such • proof is not prescribed and he may rely upon the registration and accompanying papers or on an independent inquiry in determining the fact that the accused is such fugitive.</p> <p>3. Extradition. Issuance of warrant. Effect.</p> <p>The issuance of a warrant by the executive of the state to which the accused has fled makes a prima facie case in favor of the demanding state.</p> <p>4. Same.</p> <p>While a prima facie case is made in favor of extradition, still habeas corpus proceedings may be resorted to for the purpose of determining whether the accused is subject to be returned to the demanding state as a fugitive from justice.</p> <p>5. Extkadition. Defenses. Conflicting evidence of guilt.</p> <p>The fact that the evidence is conflicting as to whether the accused was present in the state demanding the extradition at the time the crime was committed is not ground for refusing extradition and discharging accused on habeas corpus.</p> <p>6. Extradition. Defenses.</p> <p>It is no defense to a proceeding for extradition, that the accused is held in this state for a criminal offense where before the hearing of the