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SIMPERS v. WILSON

75 A.2d 254 (1950)

SIMPERS v. WILSON, Warden.

Superior Court of Delaware, New Castle.

July 17, 1950.

Attorney(s) appearing for the Case

Stephen E. Hamilton, Jr., of Wilmington, for the petitioner.

Joseph H. Flanzer, Dep. Atty. Gen., for the respondent.

WOLCOTT, Judge.

The arrest of fugitives from other states has been before the Court of General Sessions only once — in 1847 in the case of State ex rel. Adams v. Buzine, 4 Harr. 572. After considering at length the right of one state to hold a fugitive from another pending extradition, Chief Justice Booth concluded that, in the absence of a permitting statute, any Magistrate of this state, upon probable cause supported...

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