Bradley v. Hickey

Appellant asserts here only that he is not the person charged and that he was not in the state of Georgia when the alleged offenses occurred.

This court has held in In re Rowe (1981), 67 Ohio St. 2d 115, in paragraph three of the syllabus, as follows:

“3. When the invalidity of arrest under the Governor’s warrant is asserted by a petitioner in habeas corpus upon the ground that the petitioner was not a fugitive from justice, in that he was not in the demanding state on or about the date of the offense charged, the burden is upon the petitioner to rebut the presumption that petitioner is prima…