King v. Mitchell

Petitioner appeals from a trial court order denying his petition for a writ of habeas corpus. He contends that the proceedings were defective for technical reasons, and the court should not have reached a decision until a writ of habeas corpus issued and return was made thereto.

Petitioner was arrested on July 24, 1972 on a fugitive warrant from California (ORS 147.130). He refused to waive extradition and was committed for 30 days pending the arrival of a Governor’s warrant (ORS 147.150). During this period petitioner was released on recognizance (ORS 147.160). At the end of the 30-day…