Commonwealth v. Hays

SIMS, Chief Justice.

This is a habeas corpus proceeding brought by the appellee, Miller Hays, whereby he seeks to be discharged from custody. The trial judge sustained Hays’ writ and the Commonwealth appealed under Criminal Code of Practice, § 429-1.

The State of California sought the return of Hays as a fugitive from justice. He was indicted in that State for violating § 270 of the California Penal Code, and a duly authenticated copy of the indictment is in the record. The Governor of Kentucky issued his warrant under KRS 440.070 upon which appellee was arrested by the Sheriff of Jefferson…