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STATE v. TRUMAN

No. 2 CA-CIV 2500.

115 Ariz. 145 (1977)

564 P.2d 96

The STATE of Arizona, Petitioner, v. Honorable Alice TRUMAN, Judge of the Superior Court, IN AND FOR the COUNTY OF PIMA, Respondent, and Damon Craig BAUM, Real Party in Interest.

Court of Appeals of Arizona, Division 2.

Rehearing Denied April 27, 1977.

Attorney(s) appearing for the Case

Stephen D. Neely, Pima County Atty., by Edward Nesbitt, Deputy County Atty., Tucson, for petitioner.

Rabinovitz, Minker & Dix, P.C. by S. Jeffrey Minker, Tucson, for real party in interest.

OPINION

RICHMOND, Judge.

A petition for a writ of habeas corpus filed in superior court by the real party in interest alleges, inter alia, the following facts. On March 29, 1976, a governor's warrant on extradition commanding the arrest of Damon Craig Baum was issued. The governor's warrant alleged that Baum was in the custody of the sheriff of Pima County. It did not provide a time within which the warrant was to be served, and Baum was not arrested upon...

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