Legal Opinion · Concurrence

In Re the Habeas Corpus of Langley

Court of Criminal Appeals of Oklahoma

Decided May 21, 1958No. A-12586Published

1ConcurrenceBrett, Presiding Judge

There are but two questions controlling in this proceeding, and the answer to which holds the solution to the case. The first is, is the petitioner a fugitive from justice from California? The second, did the conduct of the California authorities effect a waiver of California’s right to extradite the petitioner? As pointed out in the majority opinion, there is no pleading and proof of California law before us, and in the absence thereof, the law of that state will be presumed to be the same as the law of Oklahoma. It is fundamental that we do not take judicial notice of the laws of a foreign…

2Cases cited16 opinions

  1. Roberts v. ReillySupreme Court of the United States · 1885
  2. Appleyard v. MassachusettsSupreme Court of the United States · 1906
  3. Drew v. ThawSupreme Court of the United States · 1914
  4. In Re WhittingtonCalifornia Court of Appeal · 1917
  5. Ex Parte FosterCourt of Criminal Appeals of Oklahoma · 1936

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