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HARRIS v. STATE OF S. C.

No. 79-6744.

642 F.2d 71 (1981)

Robert Edward HARRIS, Gerald Wayne McGhee, Appellants, v. The STATE OF SOUTH CAROLINA; James B. Edwards, Governor of South Carolina; Tommy Frazier, South Carolina Law Enforcement Division Agent; J. Dupre Miller, Solicitor, Fourth Judicial Circuit of South Carolina; and David Munnerlyn, Deputy Sheriff, Marlboro County, South Carolina; and other unknown named law enforcement officers of Marlboro County, South Carolina, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided February 20, 1981.

Attorney(s) appearing for the Case

Thomas F. Loflin, III, Durham, N. C., (Loflin, Loflin, Galloway & Acker, Durham, N. C., on brief), for appellants.

Emmet H. Clair, Deputy Atty. Gen., Columbia, S. C., (Daniel R. McLeod, Atty. Gen., Columbia, S. C., on brief), for appellees.

Before HAYNSWORTH, Chief Judge, WIDENER, Circuit Judge, and HOFFMAN, Senior District Judge.

WIDENER, Circuit Judge:

The petitioners, Robert Edward Harris and Gerald Wayne McGhee, petitioned the district court for a writ of habeas corpus, alleging that their extradition to South Carolina was illegal. They sought to have the court direct their removal from that State. From a denial of their application, the petitioners appeal. We affirm.

The facts of this case are not in dispute. On June 6, 1977, a South Carolina police officer noticed the petitioners...

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