Legal Opinion

Horning v. Hutson

Supreme Court of Georgia

Decided February 9, 1979No. 34255PublishedCited by 1 opinion

1Opinion of the Court

Nichols, Chief Justice.

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 SE2d 720) (1978).

2. None of the other grounds asserted by Horning provides a basis for avoiding…

2Cases cited2 opinions

  1. Stynchcombe v. WhitleySupreme Court of Georgia · 1978
  2. Anderson v. StateSupreme Court of Georgia · 1979

3Cited by1 opinion

  1. Treadaway v. BakerSupreme Court of Georgia · 1979

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