Ex Parte McMillan

OPINION

DALLY, Commissioner.

This appeal is from an order in a ha-beas corpus proceeding remanding appellant to custody for extradition to the State of South Dakota.

At the habeas corpus hearing the Executive Warrant of the Honorable Preston Smith, Governor of the State of Texas, was introduced, along with all of the supporting papers.

The appellant, testifying in his own behalf, stated that he and his mother had lived in Sioux Falls, South Dakota, in early January of 1971. He was not certain of the date but he had left the State of South Dakota with his mother to join his father, who was in the…