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WILBANKS v. STATE

No. 48,676

224 Kan. 66 (1978)

579 P.2d 132

ROBERT H. WILBANKS, Appellant, v. STATE OF KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed May 6, 1978.

Attorney(s) appearing for the Case

S. Richard Mellinger, of Roach & Mellinger, of Emporia, argued the cause and was on the brief for the appellant.

Philip E. Winter, assistant county attorney, argued the cause, and Curt T. Schneider, attorney general, was with him on the brief for the appellee.

The opinion of the court was delivered by

MILLER, J.:

Petitioner, Robert H. Wilbanks, appeals from an order of the district court of Lyon County, Kansas, dissolving a writ of habeas corpus in an action brought to challenge extradition proceedings.

Petitioner contends that it was error to dissolve the writ of habeas corpus when there was no showing that a magistrate, before issuing an arrest warrant, had made an independent evaluation of the complaint...

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