Ex parte Smith

ROWE, Justice.

Donald Ray Smith appeals from an order denying his application for a writ of habeas corpus to avoid extradition to Kansas where he is charged with two counts of theft. Applicant’s brief presents three points of error challenging the sufficiency of the Governor’s warrant because the supporting documents fail to: (1) establish probable cause, (2) include an affidavit made “before a magistrate,” and (3) contain an affidavit from either of the complaining witnesses. At oral argument, applicant additionally urged that the district judge failed to review the actions of the magistrate…