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IN RE AUSTIN

No. 37872.

186 N.W.2d 723 (1971)

186 Neb. 815

In the Matter of the Application of Gregory AUSTIN, for a Writ of Habeas Corpus. Gregory AUSTIN, Appellant, v. Kermit BRUMBAUGH, Sheriff of Cheyenne County, Appellee.

Supreme Court of Nebraska.

May 7, 1971.

Attorney(s) appearing for the Case

Guy F. Bush, Sidney, for appellant.

Clarence A. H. Meyer, Atty. Gen., Ralph H. Gillan, Asst. Atty. Gen., Lincoln, Donald J. Tedesco, Sidney, for appellee.

Heard before SPENCER, BOSLAUGH, SMITH, McCOWN, NEWTON and CLINTON, JJ.

CLINTON, Justice.

This is a habeas corpus action commenced in the district court for Cheyenne County against the sheriff of that county. The action is in resistance of a warrant of extradition issued by the Governor of the State of Nebraska upon a requisition of the Governor of Michigan. The trial court sustained the respondent's motion quashing the writ. The petitioner appeals.

The petitioner alleged: "The imprisonment and restraint of petitioner are illegal...

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