In Re Jackson
Opinion
Lead Opinion
Conrey, J.
— In response to petition of John M. Jackson, now in custody of the sheriff of Los Angeles County, a writ of habeas corpus was issued, to which return was duly made by the sheriff, and a traverse thereto by petitioner. Evidence was presented, and the matter was then argued and submitted for decision.
The subject matter hereof rests upon an extradition proceeding. Petitioner has been arrested and is in custody pursuant to four certain warrants of arrest issued by the Governor of California, in accordance with representations and requisitions proceeding from the Governor of Alabama.
The petition herein alleged that said executive warrants and extradition papers are insufficient, and that the Governor of California was without jurisdiction to issue said warrants for arrest of petitioner as a fugitive from justice in this, that there was no evidence presented to the Governor of California or to the Governor of Alabama showing or tending to show that petitioner was a fugitive from justice; and in this, that no legal criminal proceedings have been instituted against petitioner in the state of Alabama as required by law, and that the judge of probate court in Alabama by whom the…