Ex Parte Estep

276 S.W.2d 284, 161 Tex. Crim. 247, 1955 Tex. Crim. App. LEXIS 1376

Opinions

DAVIDSON, Judge.

This is an extradition case.

Appellant stands convicted of a felony in the state of Illinois, and is a fugitive therefrom.

Upon the requisition of the Governor of the State of Illinois, the Governor of this state issued his executive warrant under which appellant is held in custody. Appellant prayed for his discharge from custody by writ of habeas corpus.

After hearing, the relief prayed for was denied and notice of appeal was given to this court.

If we understand appellant’s contention, it is that, since the judgment of conviction in the state of Illinois and his entry into this state, he has been convicted of a felony in the United States District Court for the Northern District of Texas, from which conviction he has given notice of appeal and which appeal has not been determined.

Upon the facts stated, appellant contends that the extradition proceedings should not be permitted to remove him out of the jurisdiction of the Federal courts pending final determination of the appeal.

If the Federal authorities desire to prevent the extradition, it is a matter of their own concern.

The Governor’s warrant is regular upon its face and, so far as the state courts are concerned, authorizes appellant’s extradition,

The judgment is affirmed.