Legal Opinion

Ex Parte Denning

Court of Criminal Appeals of Texas

Decided February 6, 1907No. 3830PublishedCited by 10 opinions

Appeal from the District Court of Bexar. Tried below before the Hon. Edward Dwyer. Appeal from an order remanding relator to custody on habeas corpus and extradition proceedings, in vacation. The relator stood charged by complaint and information in the State of Colorado with the crime of obtaining property by false pretenses and making fraudulent conveyance of lands in such State, and was a fugitive from justice.

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Appeal from the District Court of Bexar. Tried below before the Hon. Edward Dwyer. Appeal from an order remanding relator to custody on habeas corpus and extradition proceedings, in vacation. The relator stood charged by complaint and information in the State of Colorado with the crime of obtaining property by false pretenses and making fraudulent conveyance of lands in such State, and was a fugitive from justice. Demand was made under the Federal Statute by the governor of said State upon the governor of this State for the extradition of the relator; and was accompanied by a copy of said…

1Opinion of the Court

BBOOKS, Judge.

The able brief filed by the Assistant Attorney-General presents all the questions raised by this record, and it is adopted as the opinion of this court. No error appears in this record, and accordingly the judgment is affirmed.

Where a requisition or demand is presented to the governor of a State, charging that the party has committed an offense in the demanding State, and that an indictment or information has been lodged against said party, and that he is a fugitive from justice and in the asylum State, the governor of the latter State is required and commanded by the…

2Cases cited2 opinions

  1. In re ClarkNew York Supreme Court · 1832
  2. Johnston v. RileySupreme Court of Georgia · 1853

3Cited by10 opinions

  1. Cole v. StateCourt of Criminal Appeals of Oklahoma · 1921
  2. Ex Parte McDanielCourt of Criminal Appeals of Texas · 1915
  3. Ex Parte Coleman v. StateCourt of Criminal Appeals of Texas · 1908
  4. Miller v. StateCourt of Criminal Appeals of Texas · 1912
  5. Tipton v. StateCourt of Criminal Appeals of Texas · 1934

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