Citations

Full opinion text

DAVIDSON, Commissioner.

For the reasons this day assigned in the companion case of Ex parte Johnson, Tex.Cr.App., 256 S.W.2d 570, the appeal is-dismissed.

Opinion approved by the Court.

On Motion to Reinstate Appeal •

BELCHER, Commissioner.

The'appeal in this case is reinstated for the reasons given in the companion case of Ex parte Johnson, Tex.Cr.App., 256 S.W.2d 570.

The requisition in this cause of the demanding state gives the name “Darrell J. Herbert alias Johnny Cadillac,” and all the accompánying papers give the name “Darrell J. Hebert alias Johnny Cadillac.” The executive warrant of the Governor of this State was issued for “Darrell J. Hebert alias Johnny Cadillac.”

Upon the hearing in this case, the appellant testified that his name was Darrell J. Hebert and that he was also known as Johnny Cadillac.

We conclude that the trial court did not err in holding that appellant was the person sought to be extradited by the State of Virginia, and for whom the executive warrant was issued. Ex parte McMillan, Tex.Cr.App., 242 S.W.2d 384.

Other points raised are controlled by our decision in the companion case of Ex parte Johnson, above cited.

The judgment is affirmed.

Opinion approved by the Court.