Ex parte Dobson

• Decision Date: 05 March 1947
• Docket Number: A-10828.
• Citation: 178 P.2d 113,83 Okla.Crim. 428
• Parties: Ex parte DOBSON.
• Court: United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma

178 P.2d 113

83 Okla.Crim. 428

Ex parte DOBSON.

No. A-10828.

Court of Criminal Appeals of Oklahoma

March 5, 1947

Proceeding in the matter of the habeas corpus of Vernon Dobson to secure his release from the city jail of Oklahoma City where he had been incarcerated by policemen of Oklahoma City under a warrant issued by the Governor of Oklahoma for his return to the State of Missouri upon a requisition from the Governor of Missouri alleging that he was a fugitive from justice.

Writ denied.

Syllabus by the Court.

1. In an extradition case the question of good faith of prosecution is open to inquiry on habeas corpus.

2. The presumption is that the prosecution is in good faith; and in order to overcome this presumption, the proof on behalf of the petitioner must be clear and convincing.

3. Criminal Court of Appeals will not determine question of good faith of prosecution where respondent shows by cross-examination of petitioner in open court that petitioner subsequent to filing of petition in habeas corpus voluntarily signed a waiver of extradition, and petitioner states in open court that he is ready to return with officers to demanding state for trial.

C. J Watts, of Oklahoma City, for petitioner.

Mac Q Williamson, Atty. Gen., and Sam H. Lattimore, Asst. Atty Gen., for respondent.

JONES Justice.

The petitioner Vernon Dobson brought this original action in habeas corpus to secure his release from the city jail of Oklahoma City where he had been incarcerated by policemen of Oklahoma City under a warrant issued by the Governor of Oklahoma for his return to the State of Missouri upon a requisition from the Governor of Missouri alleging that he is a fugitive from justice. The charge in Missouri is the obtaining of property by means of two bogus checks in the amount of $3,800 and $2,450.

The verified petition alleges that the petitioner is not a fugitive from justice, and that the criminal proceedings pending against him in the State of Missouri are not prosecuted in good faith and with intent to punish him for any crime committed, but for the sole purpose of collection of a civil debt.

This court has held that in every extradition case the question of good faith of the prosecution is always open to inquiry on habeas corpus. Ex parte Welborn, 69 Okl.Cr. 282, 102 P.2d 624, 625; Ex parte Owens, 34 Okl.Cr. 128, 245 P. 68; Ex parte Maddox, 55 Okl.Cr. 114, 25 P.2d 1111; Ex parte Johnson, 29...