Ex parte Grooms

OPINION

ODOM, Judge.

This is an appeal from an order of Criminal District Court No. 2 of Dallas County remanding appellant to custody to await extradition to Utah.

Appellant contends that the court committed error at the extradition hearing, the first contention being the insufficiency of the executive warrant, in that such warrant was signed by “Ben Barnes, Acting Governor.” He contends that the state must show the incapacity of the Governor to perform his duties on the day in question. Such contention is without merit. In Ex parte Raulie, 155 Tex.Cr.R. 616, 237 S.W.2d 998, a case similar to…