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MORRISON, Presiding Judge. robbery; years.
The punishment, offense is 40 Huckaby Borkowski, employees witnesses and 7-11 they Dallas, night question Store testified that on preparing were to close the entered and robbed store money They gun point. them of the store’s at identified weapon introduced the one which he had used and state as days police identified at station a few later. Hemby they Kirkpatrick
Officers testified that arrested days robbery weapon several after the and found the question in was under the driver’s seat of the which he automobile driving.
Appellant testify did not in his own behalf but called one Smith, Club, ap- the owner Night Patti who testified that pellant night was in question. his establishment jury resolved the alibi favor of the and we find support the evidence sufficient to their verdict. filed, brief
No exception ap- formal no bills pear in the record.
Finding error, no reversible trial court
Ex Parte P. J. Knoll 32,340. November 1960 DAVIDSON, Judge, dissented. *2 Houston, appellant. Martin, for E. and W.
W. R. Hill Robertson, Jr. Attorney, H. Walton, Samuel Dan District Douglas, State’s Attorney, Houston, and Leon Assistant District Austin, Attorney, for the state.
DICE, Judge. corpus in a order habeas appeal is an from an entered
This to custody remanding appellant for extradition proceeding to of the State Louisiana. execu- hearing, the
At evidence the state introduced into requisi- this also the tive warant of the Governor of state and executive war- Louisiana. The Governor’s tion of the Governor of by it to him the rant recites that has been made known by charged affi- appellant “stands of davit State of Louisiana that authorities, OF PRO- before the with VIOLATION TRIAL, AND SENTENCE AFTER CONVICTION BATION FAMILY,” NEGLECT OF THE CRIME CRIMINAL FOR committed in OF refuge he and that had taken said state duly into certain authenti- Appellant also introduced evidence requisition. accompanying papers cated appears papers
From the it that was convicted 29, January in the of of misdemeanor family neglect of and sentenced to serve crime of criminal year jail. by suspended court Appellant’s sentence was years upon period placed upon probation of five and he was for a May 31, was certain terms and conditions. On warrant by judge of arrest the Juvenile issued for Landry having and for St. Parish affidavit Court in of made that had the conditions his made, by January 26,1960, affidavit was the Commissioner of On in lieu of Louisiana of warrant Public Welfare the State by law, stating prescribed that had violated the con- commanding he probation his that be arrested and ditions fugitive pending from the state extradition and return held aas jurisdiction. to the appellant’s prior subsequent
It reason warrant and affidavit his arrest that his issuance sought. to of Louisiana is the State extradition Tommy the recent Higgins, case of Ex — , volume) court, this upholding S. W. 2d the action of ordering the Governor of this state the return of a relator demanding to probation re- state whose had been voked in that stated: provisions “Under the 1008a, Section 3 Article V.A.C.
C.P., recognize req- the Governor of this State is to authorized uisition and issue his executive warrant of when the extradition accompanied ‘by demand of a of conviction imposed or together a sentence in execution thereof awith Authority statement the Executive person escaped that claimed has from confinement or has ” bail, probation, parole.’ broken the terms of or *3 requisition Governor of the judgment accompanied instant is case of the ren- against dered recites that requisition Such is sufficient to authorize the issuance of executive warrant case, disposing upon appellant’s pass do not con- we judgment against
tention that him in the rendered judgment Louisiana is insufficient as state. The of this under the laws validity judgment as to the the courts of the State' Louisiana to This court determine. validity not the forum for attack state which the Governor of that state certifies to be a conviction under the laws of such state. parte Estep, Ex 161 Tex. Cr. R. 276 W. S. 2d 284.
Opinion approved by the Court.
DAVIDSON, Judge, (dissenting). assigned my dissenting For opinion the reason in Ex Tommy Higgins, 5, 1960, delivered October volume), my 2d I S.W. enter dissent case. instant