In Re Whittington

Petitioner herein claims to be illegally restrained of his liberty and prosecutes this writ for the purpose of securing discharge from custody of the police authorities of the city of Los Angeles and from the custody of the sheriff of Tarrant County, state of Texas. The latter officer claims the right to the custody of the petitioner under the authority of a warrant of rendition issued by the Governor of California upon a requisition made by the Governor of Texas. The facts shown are these: Petitioner was heretofore arrested in the state of Texas for a crime alleged to have been there committed, and was taken into custody by the peace officers at Port Worth. While there held in custody a requisition issued by the Governor of California was honored by the Governor of the state of Texas. This requisition upon the Governor of Texas was made upon a showing that petitioner here had theretofore committed the crime of murder in the state of California. The police authorities at Forth Worth, upon having presented, to them the Governor’s warrant of that state then in the hands of the agent of the state of California, relinquished control and custody of the petitioner and he was immediately…