Ex parte Lee
Ex parte Lee
Opinion of the Court
OPINION
This is an appeal from an order of the 175th District Court of Bexar County remanding relator to the custody of the sheriff for delivery to an agent of the State of California.
The warrant of the Governor of the State of Texas, regular on its face makes out a prima facie case authorizing extradition. Ex parte Wiggins, Tex.Cr. App., 289 S.W.2d 278.
Relator by brief raises two contentions. He first asserts that Sec. 3 of Art. 51.13, Vernon’s Ann.C.C.P., was not complied with, because the copy of the Governor’s warrant which was furnished him did not bear the seal of the office of the Governor of this State. Relator offered into evidence a photostatic copy of the Governor’s warrant which is marked petitioner’s Exhibit “A”, which he contends was the copy delivered to him. An examination thereof reveals that the seal was actually imprinted thereon but the duplicating machine did a poor job of reproducing the same.
Relator’s first contention is overruled.
The order of the trial court is affirmed.
Reference
- Full Case Name
- Ex Parte Harold Joseph Lee.
- Status
- Published