
    Ex parte CRAGOLLA.
    (No. 8387.)
    (Court of Criminal Appeals of Texas.
    Feb. 20, 1924.
    Rehearing Denied March 26, 1924.)
    Extradition <§==>34 — Error invalidating interstate proceedings held not shown.
    Where the requisition showed relator, a fugitive from justice, was charged with larceny by bailee in the demanding state, by complaint duly authenticated, where it likewise appeared in the executive warrant that the fugitive was charged by complaint, and where the executive warrant was accompanied by an affidavit taken before a magistrate in the demanding state and the warrant issued thereon for relator, heldi the proceedings were valid under Yerhon’s Ann. Oode Or. Proc. 1916, art. 1088.
    ^r=>For other cases see same topic and KEY-NUMBER m all Key-Numbered Digests and Indexes
    Appeal from District Court, Bexar County; W. W. McCrory, Judge.
    Habeas corpus proceedings by Gaquira Oragolla to obtain release from custody. Prom a judgment refusing discharge, relator appeals.
    Affirmed.
    Heilbron & Matthews and J. H. Ragsdale, all of San Antonio, for appellant.
    Tom Garrard, State’s Atty., and Grover C. Morris, Asst. State’s Atty., both of Austin, for the State.
   MORROW,- P. J.

The relator is held under an executive warrant issued by the Governor of the state of Texas, upon a requisition demand issued by the Governor of the state of Nebraska. It is recited in the demand that—

“It appears by complaint, which T hereby certify to be authentic and duly authenticated, that Gaquira Oragolla stands charged with the crime of larceny by bailee,” etc.

In the warrant issued by the Governor of the state of Texas it is stated that—

“It has been made known to me by the Governor of the state of Nebraska that Gaquira Oragolla stands charged by complaint and warrant before the proper authorities, with the crime of larceny by bailee committed in said state,” etc.

In the record is found that among the papers filed with the Governor of this state, upon which the requisition is granted, is the affidavit of John Gunib, Jr., made before Henry M. Kidder, justice of the peace, in and for Dodge county, Neb., charging the relator with the larceny of $1,000. Upon the affidavit, the warrant was issued by the magistrate. The requisition showing that the fugitive from justice was charged in the demanding state by complaint duly authenticated, and it likewise appearing in the executive warrant issued by the Governor of Texas that the fugitive is charged by complaint, and the executive warrant being accompanied by the affidavit taken before a magistrate in the state of Nebraska and the warrant issued thereon for the relator, we fail to discern in what particular the proceedings are wanting in validity. See Ex parte Denning, 50 Tex. Cr. R. 629, 100 S. W. R. 402; Vernon’s Tex. Crim. Stat. vol. 2, art. 1088, p. 950; also Ex parte Jones, 82 Tex. Cr. R. 627, 199 S. W. 1110; Ex parte Nix, 85 Tex. Cr. R. 307, 212 S. W. 507; Ex parte Roselle, 87 Tex. Cr. R. 470, 222 S. W. 248; Ex parte Gradington, 89 Tex. Cr. 432, 231 S. W. 781.

The order of the Honorable W. W. Me-Crory, Judge of the district court of Bexar county, refusing to discharge the relator, is affirmed. v

On Motion for Rehearing.

HAWKINS, J.

In the light of relator’s motion for rehearing, we have again examined the record, and fail to discover the defects claimed to exist in the affidavit made in the demanding state, charging relator with an offense in that jurisdiction.

The motion for rehearing is overruled.  