Ex Parte Foss

OPINION

MORRISON, Judge.

This is an extradition proceeding.

Appellant’s first contention is that the affidavit which is the basis of the Warrant of the Governor of the demanding State is defective because it is based upon information and belief. Reliance is had upon Ex parte Baker, 43 Tex.Cr.R. 281, 65 S.W. 91 (1901), and Ex parte Rowland, 35 Tex.Cr.R., 31 S.W. 651 (1895). Each of these cases was decided long prior to the enactment of Article 1008a, Vernon’s Ann. C.C.P. (1925), now Article 51.13, V.A.C.C. P. (1965).

Recently in Ex parte Collins, Tex.Cr.App., 468 S.W.2d 409 (1971), this Court…