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GIBBS v. HOLZMAN

464 P.2d 839 (1970)

In the matter of the Application of Stanley D. GIBBS for a Writ of Habeas Corpus, Stanley D. Gibbs, Appellant, v. James C. HOLZMAN, Director of Public Safety and Sheriff of Multnomah County, Oregon, Respondent.

Court of Appeals of Oregon, Department 1.

Decided February 5, 1970.

Rehearing Denied March 3, 1970.

Attorney(s) appearing for the Case

Richard Maizels, Portland, argued the cause for appellant. On the brief were J. Bradford Shiley, Jr., and Maizels, Marquoit & Shiley, Portland.

Jim G. Russell, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and Jacob B. Tanzer, Sol. Gen., Salem.

Before SCHWAB, C.J., and LANGTRY and FORT, JJ.

LANGTRY, Judge.

Plaintiff appeals from a final order dismissing his writ of habeas corpus which attacked extradition proceedings. The order upheld the proceedings.

Error assigned is that the documents from Alabama failed to include "any warrant of arrest issued."

ORS 147.030, a part of the uniform extradition statute, requires that a demand for extradition be supported by the indictment or information from the demanding state "with a copy of any warrant...

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