Legal Opinion
Ex Parte Smith
Court of Criminal Appeals of Texas
Decided October 11, 1950No. 24949PublishedCited by 3 opinions
1Opinion of the Court
GRAVES, Judge.
Relator was charged with the offense of burglary at nighttime and theft in the State of Idaho.
He was held in Dallas, Texas, by virtue of a warrant of arrest issued by the Governor of this state upon the request of the Governor of Idaho, remanding this relator to the custody of an agent of the State of Idaho, to be there returned to answer for such offense.
The burden of showing that relator was not in said State of Idaho at the time of the alleged commission of such offense and therefore not a fugitive therefrom was upon the relator. See Ex parte Hogue, 112 Tex. Cr. R. 495, 17…
2Cases cited12 opinions
- Roberts v. ReillySupreme Court of the United States · 1885
- Hyatt v. People Ex Rel. CorkranSupreme Court of the United States · 1903
- Ex Parte HaynesCourt of Criminal Appeals of Texas · 1924
- Ex Parte CarrollCourt of Criminal Appeals of Texas · 1919
- Bergman v. StateCourt of Criminal Appeals of Texas · 1910
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3Cited by3 opinions
- Ex Parte SuttonCourt of Criminal Appeals of Texas · 1970
- Ex Parte WilliamsCourt of Criminal Appeals of Texas · 1960
- Ex Parte ManzellaCourt of Criminal Appeals of Texas · 1970