PEOPLE EX REL. LA FAVE v. SPIKE


20 Misc.2d 633 (1959)

The People of the State of New York ex rel. Robert J. La Fave, Relator, v. George Spike, as Sheriff of the County of Yates, Respondent.

County Court, Yates County.

November 27, 1959.


Attorney(s) appearing for the Case

John M. Sheridan for relator.

Lyman H. Smith, District Attorney, for respondent.


MAURICE W. McCANN, J.

The relator by means of habeas corpus seeks to test the legality of his detention. It is his claim that:

1. He was not in the State of Alabama on the date when the crime was alleged to have been committed.

2. That the indictment accompanying the application for extradition does not sufficiently charge a crime under the laws of Alabama in that it does not state the day on which the crime was committed, etc.

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