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IN RE SIMPSON

No. 49,963

2 Kan. App. 2d 713 (1978)

586 P.2d 1389

IN THE MATTER OF THE APPLICATION OF DEAN SIMPSON FOR A WRIT OF HABEAS CORPUS.

Court of Appeals of Kansas.

Opinion filed December 1, 1978.

Attorney(s) appearing for the Case

John D. Osborn of Calihan, Green, Calihan & Loyd, of Garden City, for the appellant, Dean Simpson.

Evan Nightingale, county attorney, and Curt T. Schneider, attorney general, for the appellee, State of Kansas.

Before SPENCER, P.J., ABBOTT and MEYER, JJ.

SPENCER, J.:

This is an appeal from an order dissolving a writ of habeas corpus issued in an extradition proceeding. K.S.A. 22-2701 et seq. At issue are: (1) Whether failure to arrest under warrant of the governor within the ninety-day period provided for commitment or bail in K.S.A. 22-2715 and 22-2717 renders that warrant void and unenforceable; and (2) whether the governor's warrant dated December 20, 1977, is valid.

On September 15, 1977, a complaint...

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