Home/Court of Criminal Appeals of Texas/Ex Parte Burns

Ex Parte Burns

322 S.W.2d 289, 167 Tex. Crim. 533, 1959 Tex. Crim. App. LEXIS 1892
Court of Criminal Appeals of Texas·Decided March 25, 1959·No. 30564·Published·Cited by 7 cases

Opinion

MORRISON, Presiding Judge.

This is an appeal from an order of the District Court of El Paso County remanding relator to the custody of the sheriff of said county for delivery to an agent of the State of New Mexico.

The demand of the Governor of the State of New Mexico alleges that relator is charged with the crime of “attempt to commit sodomy.” There is no such offense in Texas. 12 Tex.Juris., sec. 58, p. 301. There is no showing in this record as to the laws of New Mexico. It therefore follows that it is not shown that relator is substantially charged in the demanding State with a crime under the laws of that State as is required by Section 3 of Article 1008a, Vernon’s Ann.C.C.P.

The judgment is reversed and the cause remanded.

Free access — add to your briefcase to read the full text and ask questions with AI

Ex Parte Burns, 322 S.W.2d 289, 167 Tex. Crim. 533, 1959 Tex. Crim. App. LEXIS 1892 (Tex. 1959).

322 S.W.2d 289 (Ex Parte Burns) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Contreras v. State
587 S.W.2d 723 (Court of Criminal Appeals of Texas, 1979)
Ex Parte Ward
470 S.W.2d 684 (Court of Criminal Appeals of Texas, 1971)
Ex parte Brown
450 S.W.2d 647 (Court of Criminal Appeals of Texas, 1970)
Ex Parte Juarez
410 S.W.2d 444 (Court of Criminal Appeals of Texas, 1967)
Ex parte Dodson
387 S.W.2d 406 (Court of Criminal Appeals of Texas, 1965)
Miller v. State
322 S.W.2d 289 (Court of Criminal Appeals of Texas, 1959)