STATE EX REL. SMITH v. DOWD, WARDEN, ETC.

No. 29,140.

234 Ind. 152 (1955)

124 N.E.2d 208

STATE OF INDIANA EX REL. SMITH v. DOWD, AS WARDEN OF THE INDIANA STATE PRISON.

Supreme Court of Indiana.

Rehearing denied, March 21, 1955.


Attorney(s) appearing for the Case

Clarence E. Benadum, Ralph V. Cecil, and Frederick F. McClellan, all of Muncie, for relator.

Edwin K. Steers, Attorney General, and Frank W. Spencer and Carl M. Franceschini, Deputy Attorneys General, for appellee.


LEVINE, J.

This is an appeal from a judgment denying appellant's petition for a writ of habeas corpus.

The question here presented is whether the alleged surrender of appellant by the Sheriff of Madison County to the Federal authorities for violation of a parole from the Federal Penitentiary at Leavenworth, Kansas, waived the right of the State of Indiana to exact the punishment ordered by the court for an armed robbery for which appellant had been...

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