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STATE v. SMITH

No. 54,135

232 Kan. 128 (1982)

652 P.2d 703

STATE OF KANSAS, Appellant, v. DANIEL SMITH a/k/a CHARLES C. STACY, Appellee.

Supreme Court of Kansas.

Opinion filed October 22, 1982.

Attorney(s) appearing for the Case

Kyle G. Smith, acting county attorney, argued the cause and Robert T. Stephan, attorney general, and Jay W. Vander Velde, county attorney, were with him on the brief for appellant.

Duane D. Guy, of Guy, Helbert, Bell & Smith, Chartered, of Emporia, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

MILLER, J.:

This is an appeal by the State under K.S.A. 22-3602(b)(3) from an order of the Lyon District Court in an extradition proceeding, refusing the Governor's Warrant and dismissing the action. The defendant, Daniel Smith a/k/a Charles C. Stacy, was charged with being a fugitive from justice under the Uniform Criminal Extradition Act (K.S.A. 22-2701 et seq...

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