In Re Harper

Petitioner here, in the state of Oregon, was charged with the crime of attempting to obtain property by false pretenses, and in order to avoid prosecution fled from Oregon to California. He was arrested in the county of Del Norte upon the request of the executive authority of Oregon, and the Governor of this state directed that petitioner be delivered into the custody of a representative of the state of Oregon and returned for trial. He now seeks his release by this writ of habeas corpus and as ground thereof asserts first, that the allegations in support of the demand for extradition do not state facts sufficient to show the commission of any crime, for the reason that the check which was the basis of the charge, was never presented for payment to the bank on which it was drawn, and secondly, that petitioner was guilty of nothing more than a preparation to commit a crime.

The answer to these contentions is adverse to appellant. It is not necessary in order to prove the fictitious or forged character of the check by evidence that it was presented to the bank and returned unpaid, for the testimony of the officers of the bank that the maker of the' check had no account with the…