No. 20066.

315 F.2d 350 (1963)

Joseph LOTT, Appellant, v. Louis A. HEYD, Sr., Criminal Sheriff, Parish of Orleans, Louisiana, Appellee.

United States Court of Appeals Fifth Circuit.

April 4, 1963.

Attorney(s) appearing for the Case

Harry F. Connick, Edward G. Koch, Jr., New Orleans, La., for appellant.

Philip Foto, New Orleans, La., Jack P. F. Gremillion, Atty. Gen., M. E. Culligan, Asst. Atty. Gen., Jim Garrison, Dist. Atty. for Parish of Orleans, for appellee.

Before PHILLIPS, CAMERON and WISDOM, Circuit Judges.

CAMERON, Circuit Judge.

This is an appeal from habeas corpus proceedings. Appellant was arrested by Louisiana authorities on the basis of an affidavit1 dated June 18, 1962. Extradition papers from Mississippi arrived on July 20 and 24, 1962. Rendition proceedings were held in the State Criminal District Court July 21 and August 6, 1962 at which time appellant pled the thirty day prescriptive period set out in LSA-

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