Ex Parte Drake

363 S.W.2d 781, 1962 Tex. Crim. App. LEXIS 842

• Court: Court of Criminal Appeals of Texas
• Decided: June 27, 1962
• Docket: 34693
• Status: Published

Opinions

BELCHER, Commissioner.

This is an appeal from an order of the District Court of Tom Green County remanding the appellant to the Sheriff of said county for extradition to the State of Alabama.

The executive warrant of the Governor of Texas, the application for the requisition, the requisition, and a copy of the indictment were introduced in evidence. They made out a prima facie case that the accused is a fugitive from justice and subject to extradition. Ex parte Gesek, 164 Tex.Cr.R. 652, 302 S.W.2d 417.

Appellant contends that there is no proof in the record showing that “false pretense” is a crime according to the laws of the State of Alabama. The Alabama requisition re-, cites that he stands charged with “the crime of false pretense, as shown by indictment”, and alleged in the application to have been committed on June 17, 1961.

There is no proof of the laws of the State of Alabama. In the absence of such proof, it will be assumed that the laws of Alabama are the same as those of Texas. Art. 1545, Vernon’s Ann.P.C., makes it an offense to acquire any thing of value.

“by means of some false or deceitful pretense or device, or fraudulent representation, with intent to appropriate the same to the use of the party so acquiring, or of destroying or impairing the right of the party justly entitled to the same.”

The Alabama indictment alleges that the appellant

“did falsely pretend to C. L. Beale, with intent to defraud, that he had on deposit at The Commercial Bank, Andalusia, Alabama, $179.22, and, by means of such false pretense, obtained from the said C. L. Beale money or merchandise * *

The appellant is sufficiently and substantially charged with a crime.

The evidence was sufficient to authorize the trial court to conclude, as he did, and remand appellant for extradition.

The judgment is affirmed.

Opinion approved by the Court.