Editor's notes.

- Article 2 of this chapter now provides the exclusive procedure for seeking a writ of habeas corpus for persons whose liberty is being restrained by virtue of a sentence of a state court of record, expanding the scope of habeas in such cases. See O.C.G.A. §§ 9-14-40 and9-14-41.

Court in asylum state has three issues before the court in examining extradition by way of habeas corpus: (1) whether a crime has been properly charged in the demanding state; (2) whether the fugitive in custody is the person so charged; and (3) whether the fugitive was in the demanding state at the time the crime alleged was committed. Collins v. Stynchcombe, 226 Ga. 776, 177 S.E.2d 682 (1970).

Constitutionality of incarceration not considered on habeas case involving extradition.

- It is fundamental to the federal system that neither the courts of the asylum state nor federal courts sitting in that state will seek to determine the constitutionality of incarceration in the demanding state from which a fugitive has fled. Collins v. Stynchcombe, 226 Ga. 776, 77 S.E.2d 682 (1970).

Absence from state no defense to extradition.

- Lack of presence in demanding state at the time of the commission of an alleged crime is no longer a defense which is cognizable in a habeas corpus extradition proceeding. Hooten v. State, 245 Ga. 250, 264 S.E.2d 192, cert. denied, 446 U.S. 942, 100 S. Ct. 2168, 64 L. Ed. 2d 797 (1980).

Warrant of a governor in extradition is prima facie evidence of the existence of every fact of a crime necessary for its issuance. Sellers v. Griffin, 226 Ga. 565, 176 S.E.2d 75 (1970).

Burden of petitioner held for extradition.

- When, on trial of a habeas corpus case, it appears that the respondent holds the petitioner in custody under an executive warrant based upon an extradition proceeding, and the warrant is regular on the warrant's face, the burden is cast upon the petitioner to show some valid and sufficient reason why the warrant should not be executed since there is a presumption that the governor has complied with the Constitution and the law and this presumption continues until the contrary appears. King v. Mount, 196 Ga. 461, 26 S.E.2d 419 (1943); Baldwin v. Grimes, 216 Ga. 390, 116 S.E.2d 207 (1960).

Person held upon a governor's warrant in an extradition proceeding who is seeking to be released on a habeas corpus writ must introduce evidence sufficient to overcome the prima facie case on the issue for which the person is being prosecuted in the demanding state. Sellers v. Griffin, 226 Ga. 565, 176 S.E.2d 75 (1970).

Am. Jur. 2d.

- 39 Am. Jur. 2d, Habeas Corpus, §§ 85 et seq., 88 et seq.

C.J.S.

- 39 C.J.S., Habeas Corpus, § 237 et seq.

ALR.

- Right of one arrested on extradition warrant to delay to enable him to present evidence that he is not subject to extradition, 11 A.L.R. 1410.

One charged with desertion or failure to support wife or child as fugitive from justice, subject to extradition, 32 A.L.R. 1167; 54 A.L.R. 281.

Right to prove absence from demanding state or alibi on habeas corpus in extradition proceedings, 51 A.L.R. 797; 61 A.L.R. 715.

Extradition of escaped or paroled convict, or one at liberty on bail, 78 A.L.R. 419.

Determination in extradition proceedings, or on habeas corpus in such proceedings, whether a crime is charged, 81 A.L.R. 552; 40 A.L.R.2d 1151.

Sufficiency of recitals in rendition warrant in extradition as regards copy of indictment or affidavit, 89 A.L.R. 595.

Discharge on habeas corpus of one held in extradition proceedings as precluding subsequent extradition proceedings, 33 A.L.R.3d 1443.