Smith v. Stynchcombe

Roy Dean Smith, allegedly a fugitive from justice in South Carolina, was arrested in Atlanta. The Governor of Georgia issued an extradition warrant upon extradition papers issued by the Governor of South Carolina.

Smith’s petition for writ of habeas corpus was denied, and this appeal followed. Appellant contends that the affidavit signed before the magistrate in South Carolina failed to show probable cause sufficient to satisfy the Fourth Amendment of the Constitution of the United States.

That affidavit avers that appellant did feloniously and unlawfully break and enter in the nighttime a…