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Horning v. Hutson

Supreme Court of Georgia
Feb 9, 1979
253 S.E.2d 167 (Ga. 1979)

Opinion

34255.

SUBMITTED NOVEMBER 17, 1978.

DECIDED FEBRUARY 9, 1979.

Habeas corpus. Cobb Superior Court. Before Judge Hames.

J. Fred Ivester, L. S. Cobb, for appellant.

Thomas J. Charron, District Attorney, for appellees.


Horning appeals from a judgment in his habeas proceeding finding the extradition papers in order and denying him discharge on any of the grounds asserted by him.

1. Detention for a period in excess of that permitted by Code Ann. § 44-415 provides a ground for discharge from jail or bail if the governor's warrant has not been executed, but it does not provide a ground for avoiding extradition where the warrant has been executed. Stynchcombe v. Whitley, 240 Ga. 776 ( 242 S.E.2d 720) (1978).

2. None of the other grounds asserted by Horning provides a basis for avoiding extradition. Michigan v. Doran, ___ U.S. ___ ( 99 S.C. 530, 58 L.Ed.2d 521) (1978); Anderson v. State, 243 Ga. 216 (1979).

Judgment affirmed. All the Justices concur.


SUBMITTED NOVEMBER 17, 1978 — DECIDED FEBRUARY 9, 1979.


Summaries of

Horning v. Hutson

Supreme Court of Georgia
Feb 9, 1979
253 S.E.2d 167 (Ga. 1979)
Case details for

Horning v. Hutson

Case Details

Full title:HORNING v. HUTSON et al

Court:Supreme Court of Georgia

Date published: Feb 9, 1979

Citations

253 S.E.2d 167 (Ga. 1979)
243 Ga. 217

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