STATE EX REL. LUTCHIN v. OUTAGAMIE COUNTY CT.


42 Wis.2d 78 (1968)

165 N.W.2d 593

STATE EX REL. LUTCHIN, Petitioner, v. OUTAGAMIE COUNTY COURT and others, Respondents.

Supreme Court of Wisconsin.

Decided March 24, 1969.


Attorney(s) appearing for the Case

For the petitioner there were briefs and oral argument by Robert E. Henke of Appleton.

For the respondents the cause was argued by William A. Platz, assistant attorney general, with whom on the briefs was Bronson C. La Follette, attorney general.


WILKIE, J.

Three issues are presented in our consideration of this petition:

(1) Can defects in the asylum state's court proceedings leading to extradition be challenged in the Wisconsin court in which criminal proceedings are launched following extradition?

(2) Can the legality of the governor's warrant be tested in the Wisconsin court?

(3) Is it too late for the legality of the governor's warrant to be tested where the defendant has submitted...

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