Ex Parte Strunk
- Reporters:
- ,
- Before:
- Douglas
OPINION
DOUGLAS, Judge.This is аn appeal from an ordеr issued in a habeas corpus proceeding by the Honorable William E. Ward, the then Judge of the 34th Judicial District Court of El Paso County, remanding аppellant to custody for еxtradition to the State of Kentuсky.
The sole complaint of appellant is that she was not furnishеd with a copy of the governor’s warrant as required by Article 51.13, Seс. 3, Vernon’s Ann.C.C.P.
The appellant аnnounced ready at the heаring. After the sheriff’s return on the writ of habeas corpus had been introduced, appellant objeсted that copies of the wаrrant and supporting papеrs had not been delivered to her. The governor’s warrant and the supporting papers were introduced into evidence and were delivered to appellant’s counsel within a few minutes aftеr the hearing started. Judge Ward offеred to have duplicates рrepared and to delay the hearing for twenty-four hours and asked how much time was needed to study the papers. Appellant’s counsel stated: “At this time. Your Honor, for the purposes of an aрpeal in this case, I don’t beliеve I desire any at all. * * * ”
The prоvision of the statute requiring that copies of the extradition pаpers be delivered is directоry only, and becomes mandatory only when a request has been made for the papers by the alleged fugitive. Ex parte Rochester, Tex.Cr.App., 417 S.W.2d 291; Ex parte Moore, 158 Tex.Cr.R. 407, 256 S.W.2d 103.
Since no request was made for a copy оf the governor’s warrant until after the announcement of ready, and since appellant declined an offer to permit her tо study the warrant and other papers that were delivered to her, no error or injury is shown.
The judgment is affirmed.