PRICE, Presiding Judge.
This is an appeal by the State of Alabama from an order discharging the petitioner in a habeas corpus proceeding.
The petitioner, Jerome Freeman, being in custody pursuant to an extradition warrant issued by the Governor of this state ordering his return to the State of Illinois to answer a charge of "Theft," sought his release by habeas corpus.
No return was filed by the sheriff respondent.
In the proceedings below...
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