Legal Opinion · Dissent

Ex Parte Peairs

Court of Criminal Appeals of Texas

Decided February 9, 1955No. 27384Published

1DissentDavidson, Judge

My brethren hold that under the statute law of this state (Art. 1008a, C.C.P.) a charge in the demanding state by information supported by an affidavit made before a non-magistrate will support and authorize interstate extradition.

What my brethren hold, then, is that the Constitution of the United States and the acts of Congress authorizing and regulating interstate extradition are not exclusive and that a state may authorize interstate extradition of citizens of that state or persons found therein upon any ground or for any reason the state may deem proper to enact or promulgate. My brethren…

2Cases cited2 opinions

  1. Ex Parte CherryCourt of Criminal Appeals of Texas · 1950
  2. Ex parte ShillingsCourt of Criminal Appeals of Texas · 1933

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