Bearden v. State

BARRON, Judge.

This is an appeal from a judgment of the Madison County Circuit Court denying appellant’s petition for writ of habeas corpus. Appellant is charged under an extradition warrant on the felony charge of aggravated assault by the State of Texas.

Appellant contends that he was not within Texas at the time of the alleged offense “on or about the 16th day of March, 1982,” and therefore could not be a fugitive from justice.

The State introduced the rendition warrant, then rested. Appellant presented testimony and business records to the effect that he was in Albertville, Alabama, at all…