Ex parte Watkins, 26475

• Citation: 159 Tex.Crim. 14,259 S.W.2d 215
• Decision Date: 03 June 1953
• Docket Number: No. 26475,26475
• Parties: Ex parte WATKINS.
• Court: Texas Court of Criminal Appeals

Page 215

259 S.W.2d 215

159 Tex.Crim. 14

Ex parte WATKINS.

No. 26475.

Court of Criminal Appeals of Texas.

June 3, 1953.

Charles W. Tessmer, Dallas, for appellant.

Henry Wade, Crim. Dist. Atty., and George P. Blackburn, Asst. Dist. Atty., Dallas, Wesley Dice, State's Atty., of Austin, for the State.

BELCHER, Commissioner.

This is an extradition case. The Governor of this State issued his executive warrant based upon the requisition and supporting papers of the Acting Governor of the State of Oklahoma, authorizing the arrest, delivery, and return of appellant to the State of Oklahoma, to answer a charge of deserting and abandoning minor children.

After arrest upon said warrant, appellant sought his discharge therefrom by writ of habeas corpus before the Judge of the Criminal District Court of Dallas County.

After hearing, the relief prayed for was denied and appellant was, by order of the court, remanded to the custody of the arresting officer, from which he gave notice of appeal.

The executive warrant of the Governor of this State and the requisition and all accompanying papers were introduced in evidence. This made out a prima facie case that the accused is a fugitive from justice and is subject to extradition.

The criminal complaint accompanying the requisition was made and filed on July 9, 1951, and is as follows, to-wit:

'* * * that before the filing of this complaint, and on or about the 12th day of November, 1950, within the County of Osage, State of Oklahoma: the defendant, James Thomas Watkins then and there being, did then and there wrongfully, wilfully, unlawfully, and feloniously desert and abandon his minor children, James Thomas Watkins, Jr., age 4, Billy Don, age 3, Dickey Ray, age 2, and Vicki Jo, age 5 months, while said children were in destitute and necessitous circumstances, and without just cause or excuse and has since said date wrongfully, wilfully and unlawfully failed, neglected and refused to support, maintain, and provide for said minor children, contrary to the form of the statute in such cases made and provided and against the peace and dignity of the State.'

By Bill of Exception No. 1 appellant contends that he should be discharged upon the ground that the complaint upon which the Oklahoma demand is predicated is void.

Appellant bases his contention upon the ground that the facts set out in the affidavit of Marjorie Watkins, the mother of the children, which affidavit accompanied the requisition of the...