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CRABTREE v. STATE

No. 14962.

607 P.2d 566 (1980)

Charles L. CRABTREE, Petitioner and Respondent, v. The STATE of Montana, and Marvin Dagel, Sheriff, Respondents and Appellants.

Supreme Court of Montana.

Decided March 10, 1980.

Attorney(s) appearing for the Case

Mike Greely, Atty. Gen., Helena, Chris D. Tweeten, Asst. Atty. Gen., argued, Helena, for respondents and appellants.

Richardson & Richardson, Butte, William P. Richardson, argued, Butte, for petitioner and respondent.

HARRISON, Justice.

This is an appeal by the State of Montana from an order of the District Court, Third Judicial District, in and for Granite County, which released the petitioner, Charles L. Crabtree, from custody of the County Sheriff who was holding him pursuant to an extradition request from the State of Oregon.

The issue before this Court is whether the trial judge erred in considering the merits of the Oregon charges against Crabtree when deciding whether...

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