History
  • No items yet
midpage
Ex parte Drennan
417 S.W.2d 177
Tex. Crim. App.
1967
Check Treatment

OPINION

ONION, Judge.

This is an appeal from an order entered in a habeas corpus proceeding remanding relator to the custody of Lon Evans, Sheriff of Tarrant County, for extradition to the State of Washington to answer a charge “by information” of first degree forgery.

There is no evidence in the record indicating that the offense of “first degree forgery” may be prosecuted in Washington upon an information. In absence of proof that the law of Washington in this regard differs from that of Texas, it is assumed that prosecution for such offense upon an information is not authorized by Washington law. Ex parte Parker, Tex.Cr.App., 390 S.W.2d 774; Ex parte Doyal, 167 Tex. Cr.R. 83, 318 S.W.2d 642; Ex parte Goodwin, Tex.Cr.App.,' 384 S.W.2d 874; Ex parte Gardner, 159 Tex.Cr.R. 365, 264 S.W. 2d 125; Ex parte Cooper, 163 Tex.Cr.R. 642, 295 S.W.2d 906; on second appeal, Tex.Cr.App., 308 S.W.2d 22.

We observe further that the information is not supported by affidavit or complaint, and the supporting affidavit of the prosecuting attorney is to the effect that he only “believes the same to be true”. Ex parte Parker, supra.

The order remanding relator to custody for extradition is reversed.

Case Details

Case Name: Ex parte Drennan
Court Name: Court of Criminal Appeals of Texas
Date Published: Jul 19, 1967
Citation: 417 S.W.2d 177
Docket Number: No. 40542
Court Abbreviation: Tex. Crim. App.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.