Opinion
43903.
DECIDED OCTOBER 28, 1986.
Habeas corpus. Douglas Superior Court. Before Judge Noland.
Harvey Jarnigan, Bruce S. Harvey, for appellant.
Frank C. Winn, District Attorney, for appellee.
"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 S.E.2d 538) (1979)." Smith v. Bell, 246 Ga. 577 ( 272 S.E.2d 309) (1980). Appellant contends that the superior court erred in denying his petition for a writ of habeas corpus since there was no evidence that he, Dan Covert, is the "Dan Covert" named in the Governor's warrant. We disagree. "If he was not the person named in the Governor's warrant, appellant had the burden to show that he was not. [Cit.] Here, the appellant did not deny that he was the person named in the Governor's warrant." Wollweber v. Martin, 226 Ga. 20, 23 (2) ( 172 S.E.2d 605) (1970).
Judgment affirmed. All the Justices concur.