People ex rel. Leven v. Allen

Appeal from so much of an order as dismisses a writ of habeas corpus and remands appellant to the custody of the Sheriff of Westchester County. Appellant is detained under a warrant issued by the Governor of New York upon the demand of the Governor of Georgia for the apprehension and deliverance of appellant as a fugitive from justice. Appellant contends that the demand for extradition is insufficient under section 830 of the Code of Criminal Procedure, in that (1) the indictment does not bear the signature of the foreman of the Grand Jury, (2) the indictment was not returned in open court…