GA 17-13-5 - GA 17-13-5

JUDICIAL DECISIONS In habeas corpus case, burden is on petitioner to show why extradition warrant should not be executed. - When, in the trial of a habeas corpus case, it appears that the respondent is holding 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 complied with the Constitution and law, and this presumption continues until the contrary appears. Baldwin v. Grimes, 216 Ga. 390 , 116 S.E.2d 207 (1960). Cited in Scheinfain v. Aldredge, 191 Ga. 479 , 12 S.E.2d 868 (1940); Hart v. Mount, 196 Ga. 452 , 26 S.E.2d 453 (1943). <h2 clas...