Legal Opinion

Davis v. State

Alabama Court of Appeals

Decided March 29, 1966PublishedCited by 2 opinions

1Opinion of the Court

CATES, Judge.

■ This appeal was submitted January 27, T966. ' t

*181The only point on this habeas corpus action (against extradition) is a claim that the State must prove the identity of the prisoner before the trial judge.

While some demanding states send our Governor photographs, there is nothing in the Federal Constitution, statutes, or the Uniform Act (to which we adhere) which •descends to the particulars of identity.

We consider, by operation of the arresting officer’s return on the warrant of the Governor of Alabama, the accused has the burden of showing that he is not the same person. Dunklin…

2Cases cited1 opinion

  1. Dunklin v. WilsonSupreme Court of Alabama · 1879

3Cited by2 opinions

  1. Stinson v. StateAlabama Court of Appeals · 1966
  2. Smith v. StateCourt of Criminal Appeals of Alabama · 1970

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