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EATHORNE v. NELSON

No. 25346.

505 P.2d 1 (1973)

Joseph Pryor EATHORNE, Petitioner-Appellant, v. William R. NELSON, Warden of the Denver County Jail, Respondent-Appellee.

Supreme Court of Colorado, En Banc.

January 8, 1973.

Attorney(s) appearing for the Case

Rollie R. Rogers, State Public Defender, J. D. MacFarlane, Chief Deputy State Public Defender, Lee Belstock, Deputy State Public Defender, Denver, for petitioner-appellant.

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Sara Duncan, Asst. Atty. Gen., Denver, for respondent-appellee.

ERICKSON, Justice.

The appellant, Joseph Pryor Eathorne, allegedly committed the crime of first degree murder in the State of Alabama on January 21, 1971. He was thereafter arrested in Denver, Colorado, on a fugitive charge, pursuant to the provisions of C.R.S. 1963, 60-1-13. Requisition papers seeking extradition of the appellant resulted in the issuance of a governor's warrant. The appellant sought release in the district court by filing a petition for a writ of...

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