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STATE EX REL. LYON v. PETERS

No. 41994.

185 N.W.2d 272 (1971)

STATE of Minnesota ex rel. Lester Lloyd LYON, Appellant, v. Dale PETERS, Sheriff, Nobles County, Respondent.

Supreme Court of Minnesota.

March 19, 1971.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, Roberta K. Levy, Asst. Public Defender, Minneapolis, for appellant.

Douglas Head, Atty. Gen., James M. Kelley, Asst. Atty. Gen., Darrell C. Hill, Sp. Asst. Atty. Gen., St. Paul, Gary L. Crippen, County Atty., Worthington, for respondent.

Heard before KNUTSON, C. J., and NELSON, OTIS, PETERSON, and FRANK T. GALLAGHER, JJ.

OPINION

PER CURIAM.

This is an extradition proceeding where, in response to a demand by the governor of the State of Iowa, the governor of this state has issued a rendition warrant. Petitioner is charged with writing a check for $20 on a bank in which he had no account. The trial court ordered a writ of habeas corpus discharged, and this appeal followed.

The only issue is whether petitioner has sustained his burden of proving by clear and satisfactory...

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