Lovato v. Johnson

ROVIRA, Justice.

The appellant, Manuel E. Lovato, challenged the sufficiency of an extradition request from the state of Utah by a petition for writ of habeas corpus. The district court issued the writ and, after a hearing, discharged the writ. We affirm.

Two issues have been raised in this appeal: (1) whether under Utah law a “magistrate” determined that probable cause existed to charge the appellant with theft and (2) whether the requisition documents substantially charge the appellant with having committed a crime under the law of Utah. See section 16-19-104, C.R.S. 1973 (now in 1978 Repl.…