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DULAC v. MILLER

No. 27768.

577 P.2d 761 (1978)

John Alphonso DULAC, Jr., Petitioner-Appellant, v. Arnold MILLER, Sheriff of Arapahoe County, Respondent-Appellee.

Supreme Court of Colorado, En Banc.

April 24, 1978.

Attorney(s) appearing for the Case

Rollie R. Rogers, Colorado State Public Defender, James F. Dumas, Jr., Chief Deputy State Public Defender, Nicholas R. Massaro, Jr., Deputy State Public Defender, Denver, for petitioner-appellant.

J. D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Anthony M. Marquez, Asst. Atty. Gen., Denver, for respondent-appellee.

KELLEY, Justice.

This appeal concerns the sufficiency of extradition documents submitted by the State of Oregon to the Governor of the State of Colorado pursuant to section 16-19-104, C.R.S.1973. At the hearing upon Dulac's petition for a writ of habeas corpus, he contended that the extradition documents did not contain a copy of the warrant which was issued upon the Oregon indictment. The trial court discharged the writ and held that section 16-19-104 does not mandate...

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