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ROSS v. MIDDLEBROOKS

No. 12572.

188 F.2d 308 (1951)

ROSS, Sheriff v. MIDDLEBROOKS.

United States Court of Appeals Ninth Circuit.

March 30, 1951.

Attorney(s) appearing for the Case

David S. Licker, Dist. Atty., County of Santa Barbara, Vern B. Thomas, Asst. Dist. Atty., Santa Barbara, Cal., for appellant.

A. L. Wirin, Loren Miller, Los Angeles, Cal., Elizabeth Murray, Santa Barbara, Cal., Nanette Dembitz, New York City, for appellee.

Eugene Cook, Atty. Gen., of Georgia, M. H. Blackshear, Jr., Deputy Asst. Atty. Gen., Lamar W. Sizemore, Asst. Atty. Gen. (Edward E. Dorsey, Atlanta, Ga., of counsel), for State of Georgia, as amici curiæ.

Before BONE, ORR and POPE, Circuit Judges.

ORR, Circuit Judge.

We have for consideration a so-called "chain gang fugitive" case, presenting the question of the appropriate scope of inquiry on habeas corpus proceedings brought by a prisoner held for interstate rendition. Middlebrooks1 was convicted and sentenced in Georgia and escaped from a Georgia chain gang. He was found in California and arrested by the California authorities pursuant to a demand for rendition from the Governor...

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