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THREADGILL v. CAPRA

No. 22182.

423 P.2d 318 (1967)

Milford THREADGILL, Plaintiff in Error, v. Al CAPRA, Manager of Safety and Ex-Officio Warden, County Jail, and Mose Trujillo, Warden, County Jail, Defendants in Error.

Supreme Court of Colorado, In Department.

Rehearing Denied February 20, 1967.

Attorney(s) appearing for the Case

Mellman, Mellman & Thorn, Denver, for plaintiff in error.

Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., Aurel M. Kelly, Sp. Asst. Atty. Gen., Denver, for defendants in error.

KELLEY, Justice.

This is an extradition case. It is here on an agreed statement of the record, pursuant to the provisions of R.C.P.Colo., 112(e). The agreed statement in pertinent part reads as follows:

"The sole point to be relied upon on appeal is the trial court's error in finding that the indictment was sufficient to substantially charge the petitioner with a crime."

The Texas grand jury indictment, in its pertinent part, charges:

"THE...

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