State v. Davila

FERGUSON, Judge.

This appeal is brought by the State of Florida from a writ of habeas corpus discharging petitioner from a Governor’s warrant in an extradition proceeding.1 The State contends that the court improperly weighed the evidence in an extradition proceeding.

The Governor’s warrant, issued on request of the State of New York, sought the delivery of Enrique Davila Torres a/k/a “Kiki” to face charges on an indictment for second-degree murder. Attached to the warrant was a copy of the indictment, a photograph, and an affidavit of a New York detective who swore that:

On April 19, 1985, a…