Legal Opinion

McGahagin v. State

Alabama Court of Appeals

Decided January 24, 1961No. 1 Div. 851PublishedCited by 11 opinions

1Opinion of the Court

PRICE, Judge.

This is an extradition case. Appellant, being in custody pursuant to an extradition warrant issued by the Governor of this state ordering his return to the State of California to answer a charge of robbery, sought his release by habeas corpus. After a hearing he was remanded to custody for extradition, and he appeals.

Before the governor of the asylum state is authorized to issue a rendition warrant there must be a concurrence of three jurisdictional conditions: 1. There must be a demand in writing for the return of the person named in the warrant as a fugitive from justice by the…

2Cases cited5 opinions

  1. Harris v. StateSupreme Court of Alabama · 1951
  2. Pool v. StateAlabama Court of Appeals · 1918
  3. Kelley v. StateAlabama Court of Appeals · 1941
  4. Meadows v. StateAlabama Court of Appeals · 1955
  5. Pierce v. HolcombeAlabama Court of Appeals · 1953

3Cited by11 opinions

  1. Krenwinkel v. StateCourt of Criminal Appeals of Alabama · 1970
  2. Rayburn v. StateCourt of Criminal Appeals of Alabama · 1978
  3. Aldio v. StateAlabama Court of Appeals · 1965
  4. Lofton v. StateCourt of Criminal Appeals of Alabama · 1970
  5. State v. FreemanAlabama Court of Appeals · 1964

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