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SMITH v. STATE OF IDAHO

No. 20989.

373 F.2d 149 (1967)

Charles E. SMITH, Appellant, v. STATE OF IDAHO and Paul W. Bright, Sheriff of Ada County, Idaho, Appellees.

United States Court of Appeals Ninth Circuit.

Rehearing Denied March 20, 1967.

Attorney(s) appearing for the Case

Allen R. Derr, of Derr & Derr, Boise, Idaho, for appellant.

Allan G. Shepard, Atty. Gen. for Idaho, M. Allyn Dingel, Jr., Deputy Atty. Gen., John S. Simko, Asst. Atty. Gen., Boise, Idaho, for appellee, State of Idaho.

Wayne L. Kidwell, Pros. Atty., Robert C. Youngstrom, Chief Deputy Pros. Atty., Ada County, Boise, Idaho, for appellee, Paul W. Bright, Sheriff of Ada County.

Before HAMLEY and JERTBERG, Circuit Judges, and BYRNE, District Judge.

JERTBERG, Circuit Judge:

Appellant appeals from an order of the United States District Court for the District of Idaho quashing a writ of habeas corpus sought by appellant after his arrest by authorities of the State of Idaho for extradition to the State of Missouri on a charge of first degree murder. We affirm the order.

The history of the case leading up to the filing by appellant of a petition for writ of habeas...

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