EX PARTE STATE

Thos. S. Lawson, Atty. Gen., and Jas. F. Matthews, Asst. Atty. Gen., for the petition. Upon hearing of petition for habeas corpus to inquire into detention of petitioner as a fugitive from justice, under extradition warrant issued for interstate extradition, evidence that requisition proceedings, or prosecution in demanding state were instigated or inspired by some ulterior motive, or purpose other than prosecution of crime, is not admissible. People ex rel. Carr v. Murray, 357 Ill. 326, 192 N.E. 198, 94 A.L.R. 1487; Gaskins v. Davis, 115 N.C. 85, 20 S.E. 188, 25 L.R.A. 813, 44 Am.St. Rep. 439; 94 A.L.R. 1496, 1497, note; 22 Am.Jur. 254, § 15. W. W. Malone and W. W. Malone, Jr., both of Athens, opposed. The court may inquire into the question of ulterior motive in extradition proceedings, and act accordingly. State of Tennessee v. Hamilton, 28 Ala. App. 587, 190 So. 306; Barriere v. State, 142 Ala. 72, 39 So. 55. Extradition is not proper to aid in the collection of a debt. Code 1940, Tit. 15, § 68.