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HOWE v. CRONIN

No. 28208.

589 P.2d 930 (1979)

Frank HOWE, Petitioner-Appellant, v. Dan P. CRONIN, Ex-Officio Sheriff of the City and County of Denver, Respondent-Appellee.

Supreme Court of Colorado, En Banc.

Rehearing Denied February 13, 1979.

Attorney(s) appearing for the Case

Gerash & Springer, P. C., Robert C. Floyd, Denver, for petitioner-appellant.

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

PRINGLE, Justice.

Petitioner Howe appeals from the district court's dismissal of his writ of habeas corpus, and the order requiring his extradition to the State of North Dakota. We affirm the district court.

The petitioner claims that the extradition request issued by the Governor of North Dakota is insufficient in that it seeks to extradite him as a "fugitive from justice," pursuant to section 16-19-103, C.R.S.1973, when in fact he could only be extradited...

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