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SMITH v. STATE

6 Div. 759.

361 So.2d 1136 (1978)

Ellis SMITH, Jr. v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied July 25, 1978.

Attorney(s) appearing for the Case

Arthur Parker, Birmingham, for appellant.

William J. Baxley, Atty. Gen., Montgomery and James L. O'Kelley, Asst. Atty. Gen., Birmingham, for appellee.

HARRIS, Presiding Judge.

This is an extradition case. Appellant, in custody pursuant to an extradition warrant issued by the Governor of this State ordering his return to the State of California, sought his release by habeas corpus. After a hearing he was remanded to custody for extradition.

The rendition warrant recites: "Whereas, His Excellency, Mervyn M. Dymally, Acting Governor of the State of California, by requisition dated the 24th of October...

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