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STATE EX REL. FOSTER v. UTTECH

31 Wis.2d 664 (1966)

STATE EX REL. FOSTER, Appellant, v. UTTECH, County Sheriff, Respondent.

Supreme Court of Wisconsin.

July 1, 1966.

Attorney(s) appearing for the Case

For the appellant there were briefs by Grootemaat, Cook & Franke, attorneys, and Francis R. Croak and David J. Hase of counsel, all of Milwaukee, and oral argument by Mr. Hase and Mr. Croak.

For the respondent the cause was argued by Donald Johns, assistant attorney general, with whom on the brief were Bronson C. La Follette, attorney general, and William A. Platz, assistant attorney general.

HALLOWS, J.

The issue presented is whether Foster is legally detained upon the governor's warrant which enjoys a prima facie presumption of legality. More precisely stated, can this court in testing the legality of the arrest in a habeas corpus proceeding go behind the governor's rendition warrant and examine the affidavit and warrant and other documents issued in Indiana to determine whether they meet the...

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