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MOORE v. MILLER

No. 28168.

596 P.2d 64 (1979)

Charles Edward MOORE, Jr., Petitioner-Appellant, v. Arnold MILLER, Sheriff, Arapahoe County, Respondent-Appellee.

Supreme Court of Colorado, En Banc.

Rehearing Denied July 2, 1979.

Attorney(s) appearing for the Case

J. Gregory Walta, Colorado State Public Defender, Craig L. Truman, Chief Deputy State Public Defender, Thomas M. Van Cleave, III, Deputy State Public Defender, Denver, for petitioner-appellant.

John D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Anthony Marquez, Asst. Atty. Gen., Denver, for respondent-appellee.

HODGES, Chief Justice.

The petitioner-appellant was arrested in Colorado and held for extradition to Kansas. He filed a petition for a writ of habeas corpus alleging that the extradition request was insufficient because the extradition documents failed to include an affidavit issued prior to and in support of the arrest warrant and because the affidavits which were issued failed to establish probable cause. After hearing,...

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