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BRIGHTMAN v. WITHROW

No. 15834.

304 S.E.2d 688 (1983)

Laverne Stanley BRIGHTMAN v. Carl W. WITHROW, Sheriff, etc.

Supreme Court of Appeals of West Virginia.

June 29, 1983.

Attorney(s) appearing for the Case

Jennifer F. Bailey, Hamb, Poffenbarger & Williams, Charleston, for petitioner.

Frances W. McCoy, Asst. Pros. Atty., Charleston, for respondent.

MILLER, Justice:

The relator, Laverne Stanley Brightman, contends in this habeas corpus proceeding that he is illegally incarcerated in the Kanawha County Jail under the provisions of the West Virginia Code relating to extradition, W.Va.Code, 5-1-7 et seq. The relator argues that because he was not arrested on the Governor's warrant for his extradition ninety days after he was originally arrested and detained on a fugitive warrant, the State is barred from...

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