Ex Parte Key

Court of Criminal Appeals of Texas

Ex Parte Key

301 S.W.2d 90, 164 Tex. Crim. 524, 1957 Tex. Crim. App. LEXIS 2176

CourtCourt of Criminal Appeals of Texas

DecidedMarch 6, 1957

Docket28828

StatusPublished

Cited by11 cases

This text of 301 S.W.2d 90 (Ex Parte Key) 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 Key, 301 S.W.2d 90, 164 Tex. Crim. 524, 1957 Tex. Crim. App. LEXIS 2176 (Tex. 1957).

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Opinions

MORRISON, Presiding Judge.

This is an appeal from an order of the Criminal District Court of Harris County remanding the relator to the custody of the sheriff of said county for delivery to an agent of the State of Arkansas.

At the hearing on the writ, the respondent introduced in evidence the warrant of the executive of this state. When this was done, a prima facie case was made authorizing the extradition of the relator. Ex parte Hoover, No. 28,797. (Page 251, this volume.) 298 S.W. (2d) 579.

The question here presented for review is whether or not the respondent defeated this prima facie case by introducing in evi[525]*525deuce the papers upon which the same was based. The requisition of the Governor of Arkansas recited that the relator stood charged with the crime of false pretenses, which is “a crime under laws of this State.” The application for the requisition addressed to the Governor of Arkansas recited, in part, as follows:

“The said Bob Key did, by means of certain false pretenses procure from G. C. Holloway peaches on the 8th, 9th, 10th and 11th days of July, 1956, such pretenses being that he would send cashier’s check, or certified check for peaches obtained; that under and by such fraudulent and false representation which he knew to be false, and upon which G. C. Holloway relied obtained the several loads of peaches and removed the same outside of the State of Arkansas, and disposed of same with the felonious and fraudulent intent to cheat and defraud the said G. C. Holloway of his personal property, of the value of $5,869.25.”

The contention is that this affidavit and the other accompanying papers do not “substantially charge” the relator with having committed a crime under the laws of that state as is required by Section 3 of Article 1008a, V.A.C.C.P.

Counsel for relator and for respondent read into the record Article 41-1901, Arkansas Statutes of 1947, entitled “Obtaining Personal Property by False Pretense” under which the application for requisition was obviously drawn.

Whether the relator is guilty as charged and whether the Arkansas statute is valid or invalid are not for the courts of this state to decide. The constitutionality of such a statute is for the courts of Arkansas and the Supreme Court of the United States. Ex parte Peairs, 162 Texas Cr. Rep. 243, 283 S.W. 2d 755.

The judgment of the trial court is affirmed.

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MORRISON, Presiding Judge.

This is an appeal from an order of the Criminal District Court of Harris County remanding the relator to the custody of the sheriff of said county for delivery to an agent of the State of Arkansas.

At the hearing on the writ, the respondent introduced in evidence the warrant of the executive of this state. When this was done, a prima facie case was made authorizing the extradition of the relator. Ex parte Hoover, No. 28,797. (Page 251, this volume.) 298 S.W. (2d) 579.

The question here presented for review is whether or not the respondent defeated this prima facie case by introducing in evi[525]*525deuce the papers upon which the same was based. The requisition of the Governor of Arkansas recited that the relator stood charged with the crime of false pretenses, which is “a crime under laws of this State.” The application for the requisition addressed to the Governor of Arkansas recited, in part, as follows:

“The said Bob Key did, by means of certain false pretenses procure from G. C. Holloway peaches on the 8th, 9th, 10th and 11th days of July, 1956, such pretenses being that he would send cashier’s check, or certified check for peaches obtained; that under and by such fraudulent and false representation which he knew to be false, and upon which G. C. Holloway relied obtained the several loads of peaches and removed the same outside of the State of Arkansas, and disposed of same with the felonious and fraudulent intent to cheat and defraud the said G. C. Holloway of his personal property, of the value of $5,869.25.”

The contention is that this affidavit and the other accompanying papers do not “substantially charge” the relator with having committed a crime under the laws of that state as is required by Section 3 of Article 1008a, V.A.C.C.P.

Counsel for relator and for respondent read into the record Article 41-1901, Arkansas Statutes of 1947, entitled “Obtaining Personal Property by False Pretense” under which the application for requisition was obviously drawn.

Whether the relator is guilty as charged and whether the Arkansas statute is valid or invalid are not for the courts of this state to decide. The constitutionality of such a statute is for the courts of Arkansas and the Supreme Court of the United States. Ex parte Peairs, 162 Texas Cr. Rep. 243, 283 S.W. 2d 755.

The judgment of the trial court is affirmed.

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Bluebook (online)

301 S.W.2d 90, 164 Tex. Crim. 524, 1957 Tex. Crim. App. LEXIS 2176, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-key-texcrimapp-1957.

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