Writ granted. The extradition order is reversed.
La.C.Cr.P. Art. 272 requires if a criminal prosecution against the demanded person is pending, any surrender of authorities of another state must be pursuant to a re-extradition agreement. Applicant was indicted for first-degree murder in Louisiana on November 17, 1978, so a prosecution was pending at the time of the extradition hearing on December 21. Therefore, applicant cannot be extradited without a re-extradition...
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