Legal Opinion · Concurrence

Smith v. Cauthron

Supreme Court of Arkansas

Decided April 5, 1982No. CR 81-124Published

1ConcurrenceDarrell Hickman, Justice

I concur in the decision because the names in this case were identical. That is, Frank Smith conceded that he was the prisoner and that is the name of the person demanded. In such a case a presumption exists that must be rebutted. Lindley v. Crider, 223 Ark. 200, 265 S.W. 2d 498 (1954); In Re: Extradition of D’Amico, 177 F. Supp. 648 (D.C. N.Y. 1959); Fernandez v. Phillips, 268 U.S. 311 (1925).

2Cases cited3 opinions

  1. Fernandez v. PhillipsSupreme Court of the United States · 1925
  2. In Re Extradition of D'AmicoDistrict Court, S.D. New York · 1959
  3. Lindley v. CriderSupreme Court of Arkansas · 1954