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IN RE WHEELER

No. 32904.

46 Wn.2d 277 (1955)

280 P.2d 673

In the Matter of the Petition of KENNETH LEONARD WHEELER for a Writ of Habeas Corpus.

The Supreme Court of Washington, Department Two.

March 3, 1955.

Attorney(s) appearing for the Case

Charles O. Carroll, Frank Harrington, and Keith M. Callow, for appellant.

C.P. Borberg, H. Sylvester Garvin, and Hamlet P. Dodd, for respondent.

WEAVER, J.

Can the question of guilt or innocence of the accused be considered by the courts of the asylum state in a habeas corpus proceeding incident to interstate rendition?

Respondent is charged by complaint filed in Boyd county, Nebraska, with the crime of abandoning his wife and two children on or about August 27, 1952, contrary to the statutes of that state.

The governor of Nebraska requested his extradition from

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