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FOWLER v. ROSS

No. 10850.

196 F.2d 25 (1952)

FOWLER v. ROSS.

United States Court of Appeals District of Columbia Circuit.

Decided March 27, 1952.

Attorney(s) appearing for the Case

T. Emmett McKenzie, Washington, D. C., with whom Herbert D. Horowitz, Washington, D. C., was on the brief, for appellant.

Joseph A. Sommer, Asst. U. S. Atty., Washington, D. C., with whom George Morris Fay, U. S. Atty. at the time the case was argued, and Joseph M. Howard, Asst. U. S. Atty., Washington, D. C., were on the brief, for appellee.

Charles M. Irelan, appointed U. S. Atty. subsequent to the argument in this case, and Richard M. Roberts, Asst. U. S. Atty., Washington, D. C., also entered appearances for appellee.

Before EDGERTON, WILBUR K. MILLER and WASHINGTON, Circuit Judges.

WILBUR K. MILLER, Circuit Judge.

The question before us is whether the District Court erred in discharging a writ of habeas corpus sued out by the appellant, Willie Fowler, to test the validity of an extradition order against him. More specifically, the questions are (1) whether he was in North Carolina, the demanding state, at the time he was alleged to have committed therein the crime of abandonment and nonsupport of his wife and minor children, and (2) if he was...

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