Ex Parte Kaufman

I agree, and concur with my brethren, that the prima facie case made by the executive warrant, or the presumption arising thereunder, may be overturned by any competent evidence, including that of the accused or person sought to be extradited.

I do not agree that in order to overcome such prima facie case or presumption, however, it is necessary that the accused —or relator — introduce evidence in order to raise the issue of his identity as the person charged in the demanding state.

It is my conclusion that when the right to extradite under the executive warrant is challenged by the writ of…