Ex Parte Noble

• Decision Date: 27 November 1946
• Docket Number: No. 23595.,23595.
• Parties: Ex parte NOBLE.
• Court: Texas Court of Criminal Appeals

Page 893

198 S.W.2d 893

Ex parte NOBLE.

No. 23595.

Court of Criminal Appeals of Texas.

November 27, 1946.

Rehearing Denied January 29, 1947.

Commissioners' Decision.

Appeal from Criminal District Court, Tarrant County; Willis M. McGregor, Judge.

Habeas corpus proceeding by Harry Young Noble to prevent his extradition to Oklahoma to answer a charge of grand larceny. From an adverse judgment, Harry Young Noble appeals.

Judgment affirmed.

Rogers, Spurlock & Love, of Fort Worth, for appellant.

Alfred M. Clyde, Cr. Dist. Atty., and Ardell M. Young, and W. E. Myres, Asst. Cr. Dist. Attys., all of Fort Worth, and Ernest S. Goens, State's Atty., of Austin, for the State.

DAVIDSON, Judge.

This is an extradition proceeding.

Upon the requisition of the Governor of the State of Oklahoma, the Governor of this State issued his executive warrant authorizing the arrest, delivery, and return of relator to the State of Oklahoma to answer a charge of grand larceny.

Relator was, by virtue of the executive warrant, arrested by the sheriff of Tarrant County and thereafter, by writ of habeas corpus before the criminal district court of said county, sought his outright discharge. After a hearing, the relief prayed for was denied, and from that order this appeal has been perfected.

To sustain the arrest, respondent offered in evidence and relies alone upon the executive warrant, the material provisions of which are as follows:

"Whereas, It has been made known to me by the Governor of the State of Oklahoma that Harry Noble, alias Ray Noble, alias Harry Vaught stands charged by Preliminary Information, Affidavit, Warrant and Other Papers before the proper authorities and that the said defendant has taken refuge in the State of Texas, and Whereas the said Governor, in pursuance of the Constitution and Laws of the United States, has demanded of me that I cause the said fugitive to be arrested and delivered to Dan Kean who IS as is satisfactorily shown, duly authorized to receive Harry Noble into custody and convey Harry Noble back to said State, and Whereas, said demand is accompanied by copy of said Preliminary Information, Affidavit, Warrant and Other Papers duly certified as authentic by the Governor of said State * * *."

The requisition of the Governor of Oklahoma and the accompanying papers were not offered in evidence.

It appears now to be well established that in an extradition proceeding the executive warrant of the Governor of the asylum State is prima facie evidence of the existence of every fact which that executive was obliged to determine before issuing it. See: Ex parte Nix, 85 Tex.Cr.R. 307, 212 S.W. 507; Ex parte Carroll, 86 Tex.Cr.R. 301, 217 S.W. 382, 8 A.L.R. 901; Hyatt v. New York, 188 U.S. 691, 23 S.Ct. 456, 47 L.Ed. 657; Roberts v. Reilly, 116 U.S. 80, 6 S.Ct. 291, 29 L.Ed. 544; 22 Am. Jur., p. 290, Sec. 52; p. 289, Sec. 51, Note 10.

Relator insists that the invalidity of the executive warrant is apparent from the face thereof, in that it does not appear therefrom that the relator stands charged in the State of Oklahoma by indictment or affidavit...