STEWART v. SHERIFF OF LEAVENWORTH COUNTY

No. 51,868

5 Kan. App. 2d 593 (1980)

620 P.2d 352

JAMES STEWART, Appellant, v. SHERIFF OF LEAVENWORTH COUNTY, KANSAS, and AGENTS OF THE STATE OF WISCONSIN, Appellees.

Court of Appeals of Kansas.

Petition for review denied January 23, 1981.


Attorney(s) appearing for the Case

Michael F. Willcott, of Leavenworth, for appellant.

Patrick J. Reardon, county attorney, and Robert T. Stephan, attorney general, for appellee.

Before SWINEHART, P.J., ABBOTT and PARKS, JJ.


ABBOTT, J.:

This is an appeal from the trial court's denial of a writ of habeas corpus brought by James Stewart in an effort to prevent extradition from Kansas to Wisconsin.

Two issues are presented. Stewart denies he is a fugitive from justice on the theory that his Wisconsin conviction is void because of an alleged violation of the Interstate Agreement on Detainers Act. He argues also that the district court erred in refusing to consider the issue and in...

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