Ex Parte Blankenship

ON appellant’s motion for rehearing.

DAVIDSON, Judge.

Appellant insists that we were in error in reaching the conclusion that he was not authorized to impeach the sufficiency of the complaint by proving that the facts therein stated were based by the affiant upon information and belief and not upon actual knowledge, as appeared from the face of the affidavit.

We remain convinced of the correctness of that conclusion, as supporting which see Ex parte Kinsloe, 134 Tex. Cr. R. 299, 115 S. W. 2d 955.

In those cases wherein he held that extradition would not be authorized where the charge in the…