Ex Parte Seffens

376 S.W.2d 348, 1964 Tex. Crim. App. LEXIS 883

• Court: Court of Criminal Appeals of Texas
• Decided: February 5, 1964
• Docket: 36501
• Status: Published

Opinions

BELCHER, Judge.

This is an appeal from an order remanding appellant to custody for extradition to the State of Nebraska.

No statement of facts approved by the trial court or counsel appears in the record.

The judgment recites that on the hearing of the writ of habeas corpus the state introduced in evidence the warrant of the Governor of the State of Texas for the arrest of the appellant; and the trial court found therein that the warrant was regular on its face.

The introduction in evidence of the Governor’s warrant made out a prima facie case authorizing appellant’s extradition. Ex parte Tangney, 165 Tex.Cr.R. 386, 307 S.W.2d 804.

In the one formal bill of exception, the appellant contends that the Nebraska authorities were trying to collect a civil debt. No facts in support of his contention are contained in the bill, hence it cannot be reviewed.

In the absence of a statement of facts showing the evidence heard by the court at the habeas corpus hearing nothing is presented for review.

The judgment is affirmed.

Opinion approved by the Court.