Opinion
No. 54005.
October 11, 1973.
IN RE: LLOYD CHARLES FLETCHER, JR., APPLYING FOR WRIT OF CERTIORARI.
Writ granted. The extradition is stayed for a period of 30 days to permit the State of North Carolina to furnish an amplified factual affidavit showing probable cause to arrest the relator or an indictment of relator for the crime. In default of furnishing either of the two documents within the time fixed, the extradition proceeding will be dismissed.
DIXON, J., concurs, but is of the opinion that the better practice would be to grant the writ. The affidavit to support an arrest warrant in an extradition proceeding must comply with the requirements for an affidavit to support any arrest warrant. See Aguilar v. Texas, 378 U.S. 108, 84 S. Ct. 1509, 12 L.Ed.2d 723; Grano v. State, Del.Super., 257 A.2d 768.