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STOLZ v. MILLER

No. 26843.

543 P.2d 513 (1975)

Wendell Shelby STOLZ, Petitioner-Appellant, v. Arnold MILLER, Sheriff of Arapahoe County, Respondent-Appellee.

Supreme Court of Colorado, In Department.

December 15, 1975.

Attorney(s) appearing for the Case

Rollie R. Rogers, State Public Defender, James F. Dumas, Jr., Chief Deputy State Public Defender, Mary G. Allen, Deputy State Public Defender, Denver, for petitioner-appellant.

J. D. MacFarlane, Atty. Gen., Jean E. Dubofsky, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Thomas J. Tomazin, Asst. Atty. Gen., Denver, for respondent-appellee.

HODGES, Justice.

In the trial court, appellant Stolz petitioned for a writ of habeas corpus challenging an extradition request by the state of Texas. The extradition documents showed that the appellant was charged by indictment with delivery of a controlled substance, heroin, to one Ronald C. Stewart, on November 11, 1974 in the County of Harris, Texas.

The appellant's petition for writ of habeas corpus alleged that he was not in the state of Texas at the...

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