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RAU v. McCORKLE

45 N.J. Super. 191 (1957)

131 A.2d 895

FRANK RAU, WARREN DAVIDSON, JAMES KIERNAN AND RONALD KEITH KRAMER, PLAINTIFFS, v. LLOYD McCORKLE, WARDEN OF THE STATE PRISON, TRENTON, NEW JERSEY, DEFENDANT.

Superior Court of New Jersey, Law Division (Criminal).

Decided May 10, 1957.

Attorney(s) appearing for the Case

Mr. Frank P. Addas, attorney for the petitioners.

Mr. Eugene T. Urbaniak, Deputy Attorney-General, attorney for the defendant.

Mr. C. William Caruso, Assistant Prosecutor, Essex County.

Mr. Hyman Isaac, Assistant Prosecutor, Union County.

Mr. Frank J.V. Gimino, Assistant Prosecutor, Hudson County.

DUFFY, J.C.C. (temporarily assigned).

The above-named plaintiffs, by verified petition, applied for writ of habeas corpus on the grounds; first, that they are illegally detained in State Prison at Trenton, New Jersey, predicated upon their challenge to the legal propriety of their extradition to New York to answer criminal charges while they were then serving sentences in a New Jersey penal institution. They contend that the surrender of their persons to the...

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