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Griggs v. State

Supreme Court of Alaska
Feb 25, 1971
481 P.2d 388 (Alaska 1971)

Opinion

No. 1362.

February 25, 1971.

Appeal from the Superior Court, Third Judicial District, James M. Fitzgerald, J.

Victor D. Carlson, Public Defender, Michael L. Rubinstein, Asst. Public Defender, Anchorage, for appellant.

John E. Havelock, Atty. Gen., Juneau, Seaborn J. Buckalew, Dist. Atty., Robert L. Eastaugh, Asst. Dist. Atty., Anchorage, for appellee.

Before BONEY, C.J., and DIMOND, RABINOWITZ, CONNOR and ERWIN, JJ.


OPINION


This is an appeal from a dismissal of an application for writ of habeas corpus taken from a Governor's warrant of arrest under the Uniform Extradition Act.

Appellant claims the proceedings were defective because the Governor's warrant states he is wanted in California for the crime of robbery when in fact his return is sought for a parole violation in connection with a previous robbery conviction.

We find this variance slight. The Governor's warrant of arrest substantially recites the facts necessary to support the validity of its issuance under AS 12.70.060.

The dismissal of the application for writ of habeas corpus by the superior court is hereby affirmed. The stay of extradition previously issued by this court shall be dissolved upon filing of the mandate in the superior court.


Summaries of

Griggs v. State

Supreme Court of Alaska
Feb 25, 1971
481 P.2d 388 (Alaska 1971)
Case details for

Griggs v. State

Case Details

Full title:EDWARD GRIGGS, JR., APPELLANT, v. STATE OF ALASKA, APPELLEE

Court:Supreme Court of Alaska

Date published: Feb 25, 1971

Citations

481 P.2d 388 (Alaska 1971)

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