Ex parte Burns

Court of Criminal Appeals of Texas

Ex parte Burns

429 S.W.2d 904, 1967 Tex. Crim. App. LEXIS 798

CourtCourt of Criminal Appeals of Texas

DecidedDecember 13, 1967

DocketNo. 40976

StatusPublished

This text of 429 S.W.2d 904 (Ex parte Burns) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ex parte Burns, 429 S.W.2d 904, 1967 Tex. Crim. App. LEXIS 798 (Tex. 1967).

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Opinion

OPINION

DICE, Judge.

This is an appeal from an order entered in a habeas corpus proceeding remanding appellant to custody for extradition to the State of Florida.

It is shown that subsequent to entry of the court’s order, the appellant personally appeared before the trial court and ex[905]*905ecuted an instrument in writing in which he expressed his desire to voluntarily waive all further extradition proceedings and to return to the State of Florida to answer the charge against him and that, acting upon such waiver and request, the trial court entered an order directing that appellant be delivered by the sheriff of Harris County to the agents of the demanding state to be transferred to the State of Florida for the purpose of answering the charge against him.

In view of the foregoing, this appeal from the court’s order denying appellant’s application for discharge has become moot.

Accordingly, the appeal is dismissed.

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OPINION

DICE, Judge.

This is an appeal from an order entered in a habeas corpus proceeding remanding appellant to custody for extradition to the State of Florida.

It is shown that subsequent to entry of the court’s order, the appellant personally appeared before the trial court and ex[905]*905ecuted an instrument in writing in which he expressed his desire to voluntarily waive all further extradition proceedings and to return to the State of Florida to answer the charge against him and that, acting upon such waiver and request, the trial court entered an order directing that appellant be delivered by the sheriff of Harris County to the agents of the demanding state to be transferred to the State of Florida for the purpose of answering the charge against him.

In view of the foregoing, this appeal from the court’s order denying appellant’s application for discharge has become moot.

Accordingly, the appeal is dismissed.

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Bluebook (online)

429 S.W.2d 904, 1967 Tex. Crim. App. LEXIS 798, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-burns-texcrimapp-1967.