Ex Parte Gore

MORRISON, Presiding Judge.

This is an appeal from an order of the district court of Gaines County, refusing to discharge appellant on his application for writ of habeas, corpus and remanding him to custody of the sheriff, with instructions to deliver him to the agent of the demanding state.

At the hearing, appellant’s identity as being the person wanted in the demanding state was stipulated.

Appellant and his wife testified that he was in and out of the demanding state during the entire month charged in the indictment. He stated that he was first charged with rape, and then the charge was…