LOCKE v. BURNS

No. 13845.

238 S.E.2d 536 (1977)

Charles LOCKE v. Cary L. BURNS, Sheriff, etc.

Supreme Court of Appeals of West Virginia.

November 8, 1977.


Attorney(s) appearing for the Case

James B. McIntyre, Charleston, Ralph C. Binford, Albuquerque, N. M., for plaintiff-in-error.

Chauncey H. Browning, Jr., Atty. Gen., John L. MacCorkle, Asst. Atty. Gen., Charleston, for defendant-in-error.


CAPLAN, Chief Justice.

In this appeal from a judgment of the Circuit Court of Greenbrier County denying a writ of habeas corpus, sought in an extradition proceeding, the issue is whether the warrant of the Governor of the State of West Virginia was valid. We find that such warrant, issued pursuant to a request of the Governor of Missouri, was invalid and the said judgment is reversed.

Charles L. Locke, who was charged with the commission of a crime in the...

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