Opinion
No. 35851
Decided March 18, 1959.
Appeal — No bill of exceptions — Judgment not disturbed by reviewing court, when — Habeas corpus.
APPEAL from the Court of Appeals for Franklin County.
This cause originated in the Court of Appeals as a proceeding in habeas corpus. It appears from the record that appellant is being held by the Sheriff of Franklin County on a request from the Governor of West Virginia for extradition.
The Court of Appeals, after hearing, denied the relief sought and ordered that appellant be surrendered to the officers of the state of West Virginia as per the extradition request.
An appeal as of right brings the cause to this court for review.
Mr. Harold Lieberman, for appellant.
Mr. Earl W. Allison, prosecuting attorney, and Mr. Chester Hummell, for appellee.
The cause has been submitted on the transcript of docket and journal entries and the original papers filed in the Court of Appeals. There being no bill of exceptions, this court cannot say that there was no substantial evidence warranting the Court of Appeals in reaching the conclusion it did. On appeal on questions of law, all reasonable presumptions consistent with the record will be indulged in favor of the validity of the judgment under review and of the regularity and legality of the proceeding below.
The judgment of the Court of Appeals is affirmed.
Judgment affirmed.
WEYGANDT, C.J., ZIMMERMAN, STEWART, TAFT, MATTHIAS, BELL and HERBERT, JJ., concur.