From Casetext: Smarter Legal Research

Ex Parte Renfro

Court of Criminal Appeals of Texas
Oct 2, 1961
171 Tex. Crim. 454 (Tex. Crim. App. 1961)

Summary

concluding that it was "not essential that the complaint or affidavit sworn to before the Justice of the Peace bear a seal"

Summary of this case from Ex parte Bornhop

Opinion

No. 33605.

October 2, 1961.

Appeal from the Criminal District Court, No. 2, Tarrant County, David McGee, J.

Jack Love, Fort Worth, for Melvin Thomas Renfro.

Mackin, Goldsmith Burdette, Fort Worth, for Burt Horace Mullins.

Doug Crouch, Dist. Atty., Albert F. Fick, Jr., Asst. Dist. Atty., Fort Worth, Leon B. Douglas, State's Atty., Austin, for the State.


This is a habeas corpus proceeding instituted jointly by the relators who were in custody under an Executive Warrant for extradition to Oklahoma. The appeal is from an order remanding them to custody to be delivered to the agents of Oklahoma.

The Executive Warrant recites that it had been made known to the Governor of Texas, by the Governor of the State of Oklahoma, 'that Burt Horace Mullins and Melvin Thomas Renfro stand charged by complaint and other papers, before the proper authorities, with the crime of murder while engaged in the commission of a felony committed in said state and that the said defendants have taken refuge in the State of Texas * * *.'

The Executive Warrant orders the relators conveyed 'back to said state to be dealt with for said crime' and recites that the Requisition 'is accompanied by copy of said complaint and other papers duly certified as authentic by the Governor of said state.'

At the hearing there was introduced in evidence the Executive Warrant issued by the Governor of Texas and, as a composite exhibit, the Requisition of the Governor of Oklahoma; application of the County Attorney of Carter County, Oklahoma, for Requisition; complaint against the relators charging them with murder while engaged in the commission of a felony in Carter County, Oklahoma, on December 22, 1960, sworn to before G. W. Sparger, Justice of the Peace, and separate warrants issued by said Justice of the Peace for the arrest of each of the relators.

Evidence was introduced at the hearing sufficient to sustain a finding that the relators were in Oklahoma at the time and place of the alleged murder; and there was evidence on behalf of the relators which, if accepted as true, showed that the relators were in Fort Worth, Texas, at the time in question.

Separate briefs have been filed by the relators and separate arguments presented.

Relator Mullins contends that he should be discharged because there is no statement or allegation in writing from the Governor of Oklahoma that he was present in Oklahoma at the time of the offense and thereafter fled from that state. We overrule this contention. Ex parte Emmons, 167 Tex.Crim. R., 322 S.W.2d 534, and Ex parte McComb, Tex.Cr.App., 332 S.W.2d 575.

He next contends that the application for requisition does not contain the certification that in the opinion of said County Attorney the ends of justice required his arrest.

The County Attorney, in his application, states 'that the ends of justice require that he be brought back, at public expense, to the State of Oklahoma for trial.'

Relator Renfro contends that the Executive Warrant of the Governor of Texas is void and in violation of Secs. 7 and 3 of Art. 1008a, Vernon's Ann.C.C.P., and that the Requisition of the Governor of Oklahoma does not comply with Sec. 3 of Art. 1008a, V.A.C.C.P. We do not agree.

The Executive Warrant together with the Requisition and supporting papers constituted a sufficient compliance with the statute. It was not essential that the complaint or affidavit sworn to before the Justice of the Peace bear a seal. A Justice of the Peace has no seal. Its absence did not vitiate the complaint. Lopez v. State, 162 Tex.Crim. R., 288 S.W.2d 64.

The question of guilt or innocence is not to be determined in an extradition proceeding. Ex parte Garcia, 167 Tex.Crim. 159, 319 S.W.2d 328.

The judgment remanding relators for extradition is affirmed.


Summaries of

Ex Parte Renfro

Court of Criminal Appeals of Texas
Oct 2, 1961
171 Tex. Crim. 454 (Tex. Crim. App. 1961)

concluding that it was "not essential that the complaint or affidavit sworn to before the Justice of the Peace bear a seal"

Summary of this case from Ex parte Bornhop
Case details for

Ex Parte Renfro

Case Details

Full title:Ex parte Melvin Thomas RENFRO and Horace Burt Mullins

Court:Court of Criminal Appeals of Texas

Date published: Oct 2, 1961

Citations

171 Tex. Crim. 454 (Tex. Crim. App. 1961)
171 Tex. Crim. 454

Citing Cases

Kindley v. State

However, a seal of the Justice of the Peace is not required. TEX.CODE CRIM.PROC.ANN. art. 15.05 (Vernon…

Ex parte Bornhop

And indeed, Texas courts have found that such a seal is unnecessary with respect to an affidavit supporting a…