Osborne v. Van Cleave

This writ of error is directed to a judgment of the District Court of Adams County ordering the sheriff of said county to turn over plaintiff in error (hereinafter called Osborne) to the proper authorities of the State-of Nebraska under an extradition warrant issued by the Governor.

The Attorney General has confessed error, stating that, in his opinion, the procedures followed in the lower court failed to conform to statutory requirements. We agree.

C.R.S. 1963, 60-1-10, directs that a person arrested under an extradition warrant be taken forthwith before a judge of a court of record, who shall…