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STATE EX REL. MARTIN v. BOOS

No. 10820.

186 N.W.2d 130 (1971)

STATE of South Dakota ex rel. Kenneth Verl MARTIN a/k/a Kenneth Harrison, Petitioner and Appellant, v. Bernard A. BOOS, Sheriff in and for Minnehaha County, South Dakota, Respondent.

Supreme Court of South Dakota.

April 20, 1971.

Attorney(s) appearing for the Case

Anderson & Quinn, Sioux Falls, for petitioner and appellant.

Gordon Mydland, Atty. Gen., Walter W. Andre, Asst. Atty. Gen., Pierre, Roger A. Schiager, Sp. Asst. Atty. Gen., Sioux Falls, for respondent.

HANSON, Judge.

This is an appeal from an order quashing a writ of habeas corpus in which the appellant-petitioner challenges the legality of extradition proceedings initiated by the State of California.

In 1959 petitioner, Kenneth Verl Martin a/k/a Kenneth Harrison, was sentenced to serve a term of seven years in the South Dakota Penitentiary. He was released on parole in 1963. A year later he was convicted in the State of California of the crime of first...

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