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DAUGHERTY v. HORNSBY

No. 11262.

151 F.2d 799 (1945)

DAUGHERTY v. HORNSBY, Chief of Police.

Circuit Court of Appeals, Fifth Circuit.

November 13, 1945.

Attorney(s) appearing for the Case

Wm. A. Fuller, H. A. Allen, A. L. Henson, and Gertrude Harris, all of Atlanta, Ga., for appellant.

J. C. Murphy, of Atlanta, Ga., for appellee.

Before SIBLEY, HUTCHESON, and LEE, Circuit Judges.

HUTCHESON, Circuit Judge.

Charged in North Carolina with abandonment and non-support,1 and arrested and held under warrant2 of the Governor of Georgia for return to the demanding state, appellant sued out a writ of habeas corpus, and, the writ discharged, appealed. Invoking here, as he did below, the settled rule that to be a fugitive from justice, one must have been personally present within the demanding...

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