Cates v. Cronin

Supreme Court of Colorado

Cates v. Cronin

570 P.2d 524, 194 Colo. 89, 1977 Colo. LEXIS 623

CourtSupreme Court of Colorado

DecidedSeptember 26, 1977

Docket27567

StatusPublished

Cited by3 cases

This text of 570 P.2d 524 (Cates v. Cronin) is published on Counsel Stack Legal Research, covering Supreme Court of Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Cates v. Cronin, 570 P.2d 524, 194 Colo. 89, 1977 Colo. LEXIS 623 (Colo. 1977).

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Opinion

MR. JUSTICE KELLEY

delivered the opinion of the Court.

This appeal concerns the sufficiency of extradition documents submitted by the State of Kentucky to the Governor of the State of Colorado under section 16-19-104, C.R.S. 1973. At a hearing upon the appellant’s petition for a writ of habeas corpus, the appellant contended that the absence of a photograph or fingerprint card accompanying the extradition documents rendered those documents defective because they failed to identify him sufficiently as the individual named in the indictment. The trial court denied the habeas corpus petition and found that the documents were sufficient under section 16-19-104. We affirm.

Identity of name with the extradition documents is sufficient to establish a prima facie showing of identity; and, unless overcome by the appellant’s evidence showing lack of identity, the prima facie showing is sufficient to establish identity. Hithe v. Nelson, 172 Colo. 179, 471 P.2d 596 (1970); see also Samples v. Cronin, 189 Colo. 40, 536 P.2d 306 (1975).

The judgment of the trial court is affirmed.

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MR. JUSTICE KELLEY

delivered the opinion of the Court.

This appeal concerns the sufficiency of extradition documents submitted by the State of Kentucky to the Governor of the State of Colorado under section 16-19-104, C.R.S. 1973. At a hearing upon the appellant’s petition for a writ of habeas corpus, the appellant contended that the absence of a photograph or fingerprint card accompanying the extradition documents rendered those documents defective because they failed to identify him sufficiently as the individual named in the indictment. The trial court denied the habeas corpus petition and found that the documents were sufficient under section 16-19-104. We affirm.

Identity of name with the extradition documents is sufficient to establish a prima facie showing of identity; and, unless overcome by the appellant’s evidence showing lack of identity, the prima facie showing is sufficient to establish identity. Hithe v. Nelson, 172 Colo. 179, 471 P.2d 596 (1970); see also Samples v. Cronin, 189 Colo. 40, 536 P.2d 306 (1975).

The judgment of the trial court is affirmed.

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570 P.2d 524, 194 Colo. 89, 1977 Colo. LEXIS 623, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cates-v-cronin-colo-1977.

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