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STATE v. BABB

No. CX-86-1296.

393 N.W.2d 705 (1986)

STATE of Minnesota, Respondent, v. James Henry BABB, Appellant.

Court of Appeals of Minnesota.

Review Denied November 26, 1986.

Attorney(s) appearing for the Case

A. Keith Hanzel, Asst. Public Defender, St. Paul, for appellant.

Hubert H. Humphrey, III, Minn. Atty. Gen., Thomas Foley, Ramsey County Atty., Darrell C. Hill, Asst. Co. Atty., St. Paul, for respondent.

Considered and decided by POPOVICH, C.J., and SEDGWICK, and NIERENGARTEN, JJ., without oral argument.

OPINION

NIERENGARTEN, Judge.

In response to a petition by the Governor of the State of California, the Governor of this state issued a rendition warrant for the surrender of James Henry Babb to California authorities for trial on charges of murder and attempted murder. Babb petitioned for writ of habeas corpus in extradition which the trial court denied. Babb appeals claiming he proved his absence from California at the time of the crimes. We affirm.

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