Smith v. Bell

272 S.E.2d 309, 246 Ga. 577, 1980 Ga. LEXIS 1205
CourtSupreme Court of Georgia
DecidedOctober 22, 1980
Docket36775
StatusPublished
Cited by1 cases

This text of 272 S.E.2d 309 (Smith v. Bell) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Smith v. Bell, 272 S.E.2d 309, 246 Ga. 577, 1980 Ga. LEXIS 1205 (Ga. 1980).

Opinion

Undercofler, Chief Justice.

The burden of proof in an extradition case is on the person resisting extradition once the State has made a prima facie case that the extradition is proper. Hutson v. Stoner, 244 Ga. 52 (257 SE2d 538) (1979). The evidence here supports the habeas court’s ruling that the extradition papers are in order and that the petitioner is the person named in the proceedings. The summary nature of extradition does not deny petitioner due process. McCullough v. Stynchcombe, 243 Ga. 24 (252 SE2d 453) (1979).

Judgment affirmed,

All the Justices concur. Charles Crawford, District Attorney, for appellee.

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Related

Covert v. Lee
349 S.E.2d 450 (Supreme Court of Georgia, 1986)

Cite This Page — Counsel Stack

Bluebook (online)
272 S.E.2d 309, 246 Ga. 577, 1980 Ga. LEXIS 1205, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-bell-ga-1980.