[DOWNLOAD] "Charles E. Smith v. State Idaho" by Supreme Court of Idaho No. 9386 * eBook PDF Kindle ePub Free
eBook details
- Title: Charles E. Smith v. State Idaho
- Author : Supreme Court of Idaho No. 9386
- Release Date : January 11, 1965
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
Charles E. Smith, appellant, was arrested by the sheriff of Ada County, pursuant to a rendition warrant issued by the Governor of Idaho upon the request of the Governor of Missouri, and held for extradition to Missouri, where he was charged by complaint with the first degree murder of Donna Jean Smith, at Kirksville, Missouri, on or about October 26, 1961. While being so held, appellant petitioned the District Court of the Third Judicial District for a writ of habeas corpus alleging that he was not a fugitive from Justice, because he was not in Missouri when the alleged crime of first degree murder was supposedly committed; that the instruments upon which the rendition warrant was based do not substantially charge a crime under the laws of the State of Missouri; and that he was not identified as the party sought. On the basis of the petition, the District Court issued its writ of habeas corpus directed to the sheriff of Ada County. In his return to the writ the sheriff alleged that appellant was being held by virtue of the rendition warrant of the Governor of Idaho, a copy of which was attached to his return, together with six affidavits of Missouri residents. In his answer to the return of the sheriff, appellant realleged the facts presented by his initial petition for the writ of habeas corpus, and on the issues so framed the cause was heard by the trial court.